OSBORNE v. HODGIN

No. 8918SC535.

389 S.E.2d 629 (1990)

98 N.C. App. 111

Guy G. OSBORNE, Avery Osborne, Gwen O. Perkins, Guy G. Osborne, Jr., Ansel L. Osborne, Gary Osborne, Donnie Ray Osborne, Terica Osborne McNeil, Ted Ray Perkins, Jr., Lee Osborne, Jade A. Osborne, Geraldine Osborne Cullie, Gene Lee Osborne, Donna Osborne (Minor), Samantha Carol Harward (Minor), Angela Elizabeth Harward (Minor), Jeffrey David Perkins (Minor), Zeb Patrick Osborne (Minor), Jeannie Michell Osborne (Minor), Heather Osborne (Minor), Sara Osborne (Minor), and Diane Osborne (Minor), Plaintiffs, v. Thelma O. HODGIN, R. Kermit Hodgin, James Alson Hodgin, Anna Hodgin Garrett, Sandra Garrett Smith, Melissa Smith (Minor), Deborah Garrett Steed, Travis Steed (Minor), Steven Garrett, Sarah V. Osborne, Sarah Mae Osborne Sharpe, Gary L. Sharpe, Dawn Sharpe, Cory Sharpe (Minor), John Sharpe, Tim Sharpe, Chris Sharpe (Minor), Cordella Osborne Blackwood, Jeff Blackwood, Randy Blackwood (Minor), Tommy Blackwood (Minor) all unknown Heirs of J. Allen Osborne and All Potential Heirs of J. Allen Osborne as yet Unborn, Defendants.

Court of Appeals of North Carolina.

April 3, 1990.


Attorney(s) appearing for the Case

Shope and McNeil by Richard I. Shope and Michael L. Burton, Greensboro, for plaintiffs-appellants.

Berry and McKinney by James H. McKinney, Greensboro, for minor plaintiffs.

Adams, Kleemeier, Hagan, Hannah & Fouts by W. Winburne King, III and Katherine Bonan McDiarmid, Kornegay, Lung & Angle by Robert B. Angle, Jr., Stern, Graham & Klepfer, by Robert L. Johnston, Greensboro, for defendants-appellees.


ORR, Judge.

The sole issue on appeal is whether the trial court erred in granting summary judgment. For the reasons set forth below, we hold that the trial court did not err in granting summary judgment in defendant's favor.

J. Allen Osborne died in 1958, leaving a holographic will, which was duly admitted to probate. The first sentence of the will stated:

I, J. Allen Osborne, will the home place nown [sic] as the Daniel Osborne Farm containing 128...

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