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STEPHENSON v. ROWE

No. 515A84.

338 S.E.2d 301 (1986)

315 N.C. 330

Sharon Rowe STEPHENSON, Sandra Rowe Faulkner, Sheila Rowe and Maxine Rowe as Guardian Ad Litem for Sylvia Paulette Rowe, a minor, Angela Aline Rowe, a minor, Katherine Louise Rowe, a minor, and Aaron William Rowe, a minor, and John F. Schramm, As Guardian Ad Litem for unborn persons v. Lucille Jones ROWE, Individually, and as Executrix of the Last Will and Testament of Aaron William Rowe, and as Trustee under the Will of Aaron William Rowe.

Supreme Court of North Carolina.

January 7, 1986.

Attorney(s) appearing for the Case

William T. Graham, Winston-Salem, for plaintiff-appellees.

Rudisill & Brackett, P.A. by J. Richardson Rudisill, Jr., Hickory, Tharrington, Smith & Hargrove by Wade M. Smith, Raleigh, for defendant-appellant.

EXUM, Justice.

This is a declaratory judgment action for the construction of a will. The question is whether a devise of a specified number of acres, not described by metes and bounds, out of a larger tract is too vague to be valid. The Court of Appeals, relying on Hodges v. Stewart, 218 N.C. 290, 10 S.E.2d 723 (1940), concluded that it was and vacated the trial court's summary judgment for defendant which sustained the devise. We overrule Hodges v. Stewart...

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