RAWLS v. RIDEOUT

No. 846SC295.

328 S.E.2d 783 (1985)

Lois RAWLS, Ella V. Joyner, George N. Vaughan, Fannie Lee Hassett, Blanche V. Whitehead, J.T. Vaughan and Charles N. Vaughan v. Alma Ruth V. RIDEOUT, J. Guy Revelle, Jr., Executor of the Estate of Jessie Mae V. Harrison, Robert A. Parker and Margaret Lee Parker.

Court of Appeals of North Carolina.

May 7, 1985.


Attorney(s) appearing for the Case

Perry W. Martin and Donnie R. Taylor, Ahoskie, for plaintiffs-appellants.

Revelle, Burleson, Lee & Revelle by L. Frank Burleson, Jr., Murfreesboro, for defendant-appellee J. Guy Revelle, Jr., Executor of the Estate of Jessie Mae V. Harrison.

Cherry, Cherry, Flythe and Overton by Thomas L. Cherry, Larry S. Overton and Ernest Rawls Carter, Jr., Ahoskie, for defendants-appellees Alma Ruth Rideout, Robert A. Parker, and Margaret Lee Parker.


BECTON, Judge.

This declaratory judgment action involves the construction of the phrase "to my nearest (relatives) heirs" in the remainder clause of a devise, a determination of the class closing date, and a distribution of the shares under the Intestate Succession Act scheme. The parties are the nieces, nephews, and grandnephews of the testatrix.

On 1 July 1982 the plaintiffs, the five remaining children and the two grandchildren of Brownie Irene Vaughan...

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