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SLATER v. LINEBERRY

No. 8723SC924.

366 S.E.2d 608 (1988)

89 N.C. App. 558

Velma T. SLATER and husband, John H. Slater, and Gladys T. Miller and husband, Troy M. Miller, Petitioners, v. Ola T. LINEBERRY and husband, Charlie Lineberry, Respondents.

Court of Appeals of North Carolina.

April 5, 1988.

Attorney(s) appearing for the Case

Shore, Hudspeth and Harding by N. Lawrence Hudspeth, III, Yadkinville, for petitioners-appellees.

Zachary and Zachary by Lee Zachary, Yadkinville, for respondents-appellants.

WELLS, Judge.

The question presented is whether certain language in Item Four of the Will of Curney Preston Taylor, deceased, should be construed as precatory or mandatory. Item Four of the Will provides as follows:

ITEM FOUR: I will, devise and bequeath to my three children, to wit: Ola Mae Taylor Lineberry, Gladys Taylor Miller, and Velma Taylor Slater, subject to the life estate of my said wife, all of the lands that I may own at the time of my death,...

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