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STEWART v. JOHNSON

No. 8711SC411.

362 S.E.2d 849 (1987)

David Jackson STEWART, Jr. Executor of the Estate of David Jackson Stewart, Sr.; David Jackson Stewart, Jr., Individually David Jackson Stewart, Jr., Trustee v. Sue Vinson Stewart JOHNSON; Charles Turner Stewart: Caroline Elizabeth Stewart Cox; Allen Wellons, Guardian Ad Litem for Unborn Children of Charles Turner Stewart.

Court of Appeals of North Carolina.

December 22, 1987.

Attorney(s) appearing for the Case

Albert A. Corbett, Jr., Smithfield, for plaintiffs-appellants.

Allen H. Wellons, Smithfield for defendants-appellees.

COZORT, Judge.

Plaintiff filed this declaratory judgment action for a determination of who is entitled to the renounced portion of a will. We affirm the judgment entered by the trial court.

David Jackson Stewart, Sr., died on 8 July 1986 and left a will naming plaintiff David Jackson Stewart, Jr., as his executor and trustee. In the will he provided that his four children should receive equal shares of his estate. However, David Jackson Stewart, Jr., Caroline...

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