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McMILLAN v. DAVIS

No. 859SC1193.

344 S.E.2d 595 (1986)

Ohnet McMILLAN, widow; Marion D. Lamb and husband, Holly Lamb; Angela D. Moody, divorced; Marie D. Evans, divorced; Calvin Davis and wife, Susie B. Davis; Ulysses S. Davis, Jr. and wife, Alza Davis v. Bettie A. DAVIS, divorced; Dorothy Flowers, widow; Marion Hodges, unmarried; Margaret H. Jones and husband, Arthur S. Jones; Ronnie Hodges, single; Diane H. Mitchell and husband, Frank Mitchell; and Vivian Hodges, single.

Court of Appeals of North Carolina.

June 17, 1986.

Attorney(s) appearing for the Case

Frank W. Ballance, Jr., P.A. by Ronnie C. Reaves, Warrenton, for defendant-appellant Bettie A. Davis.

James H. Limer, Littleton, and Rom B. Parker, Jr., Enfield, for defendants-appellees.

WEBB, Judge.

We believe the superior court correctly interpreted the will of Mary D. Hodges. Under the contested provision Luna Davis Newsome was to receive a one-half undivided interest in the property. She did not survive the testatrix and this legacy lapsed. The lapse was not saved by G.S. 31-42(a) because Luna Davis Newsome's heirs would not have taken under the Intestate Succession Act had there been no will. Stevenson v. Trust Co., 202 N.C. 92, 161 S...

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