MITCHELL v. LOWERY

No. 8725SC1158.

368 S.E.2d 7 (1988)

W. Harold MITCHELL, Executor of the Estate of Dovie L. Bounous v. Olvie C. LOWERY; Doris S. Privette; Peggy L. Salvage; Oris Starkey; Todd Stone; James Daniel Lowery; Roger Lee Lowery; Mary Neil Vogel; Joanne McMahon; Jack Erwood, Jr.; and Frank Erwood.

Court of Appeals of North Carolina.

May 17, 1988.


Attorney(s) appearing for the Case

Haywood, Denny, Miller, Johnson, Sessoms and Patrick by George W. Miller, Jr., and E. Elizabeth Lefler, Durham, for defendants-appellants James Daniel Lowery, Roger Lee Lowery, Mary Neil Vogel, Joanne McMahon, Jack Erwood, Jr., and Frank Erwood.

Patton, Starnes, Thompson, Aycock and Teele, P.A. by Thomas M. Starnes, Morganton, for defendants-appellees Olvie C. Lowery, Doris S. Privette, Oris Starkey, Peggy L. Salvage, and Todd Stone.


PARKER, Judge.

Appellants raise three issues for review by this Court: (i) whether the trial court erred in construing Article IV of testatrix's Will so that appellants are not entitled to share in the estate; (ii) whether the trial court erred in construing Article V of testatrix's Will so that appellants are not entitled to share in the estate; and (iii) whether the trial court erred in failing to make certain findings of fact as to the nature of the defect in the...

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