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McKINNEY v. MOSTELLER

No. 303PA87.

365 S.E.2d 612 (1988)

Neil Wilson McKINNEY, Executor of the Estate of Gordon Henry Baker v. Nita MOSTELLER, Charles Mosteller, Harry Ingold, Edward Baker Ingold, Nellie Kate Ingold Hardin, Joe R. Hilton, Miss Ruby Hilton, Rachel Willis Troxler, John David Willis, Eugene Baker Willis, Loretz L. Ramseur, Helen Ramseur Marley, Tammie Leigh McKinney, Cassidy Dale Hampton, a Minor; Chad Elliott Hampton, a Minor; Andrew Neil McKinney, a Minor; James Aldrin McKinney, a Minor.

Supreme Court of North Carolina.

March 9, 1988.

Attorney(s) appearing for the Case

Essex, Richards & Morris, P.A., by Stephen H. Morris, Charlotte, for Helen Ramseur Marley.

Joe P. Whitener, Hickory, for Nita Mosteller, Charles Mosteller, Harry Ingold, Edward Baker Ingold, Nellie Kate Ingold Hardin, Joe R. Hilton and Ruby Hilton.

Charles E. Brooks, Charlotte, for Eugene Baker Willis.

Sigmon, Clark & Mackie, P.A., by E. Fielding Clark, II, Hickory, for Tammie Leigh McKinney, Cassidy Dale Hampton, a minor, Chad Elliott Hampton, a Minor, Andrew Neil McKinney, a Minor, and James Aldrin McKinney, a Minor.

FRYE, Justice.

Plaintiff, as executor of the estate, instituted this declaratory judgment action seeking an interpretation and construction of the will of Gordon Henry Baker. The trial court found that Item Five of the testator's will, which purported to distribute the residue of the estate, was ineffective because its condition precedent was not satisfied. The Court of Appeals reversed the trial court, holding that the residue of the testator's estate passed under...

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