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N.C. NAT. BANK OF GREENSBORO v. APPLE

No. 8818DC1333.

383 S.E.2d 438 (1989)

NORTH CAROLINA NATIONAL BANK OF GREENSBORO, North Carolina, Executor of the Estate of Anna M. Kreimeier, Plaintiff-Appellee, v. Ms. Jean APPLE and Mrs. Patricia (Apple) Crews, Defendants-Appellees, and The Estate of Lillian P. Brennan, Deceased, and William R. Brennan, Defendants-Appellants.

Court of Appeals of North Carolina.

September 19, 1989.

Attorney(s) appearing for the Case

Booth, Harrington, Johns and Campbell by A. Frank Johns, Greensboro, for plaintiff-appellee North Carolina Nat. Bank of Greensboro.

James W. Lung, Greensboro, for defendants-appellees Ms. Jean Apple and Mrs. Patricia (Apple) Crews.

Rivenbark, Kirkman, Alspaugh & Moore by Douglas E. Moore and John W. Kirkman, Jr., Greensboro, for William R. Brennan.

LEWIS, Judge.

In construing wills there is a general presumption against intestacy. McKinney v. Mosteller, 85 N.C. App. 429, 355 S.E.2d 164 (1987), rev'd on other grounds, 321 N.C. 730, 365 S.E.2d 612 (1988). A residuary clause in a will should be construed so as to prevent intestacy as to any part of the testator's estate, unless there is an apparent intent to the contrary. Id...

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