EDMUNDSON v. MORTON

No. 909SC813.

404 S.E.2d 890 (1991)

R. Gene EDMUNDSON, Executor, of the Estate of C. Julian Wilson (deceased), Plaintiff, v. Marguerite W. MORTON, Joe B. Morton, Edwin B. Wilson, W.W. Mason, L.L. Mason, Louise W. Tolley, Carolyn W. Jones, W.H. Stovall, James A. Howard, Robert W. Howard, Georgia Howard Pometto, John Howard, Gladys Sykes Wallace, Elizabeth D. Sykes, and Nancy B. McKee, Defendants.

Court of Appeals of North Carolina.

June 18, 1991.


Attorney(s) appearing for the Case

No brief for plaintiff.

Perry, Kittrell, Blackburn & Blackburn by Charles F. Blackburn, Henderson, and Charles M. White III, Warrenton, for defendants-appellants Marquerite W. Morton and Joe B. Morton, Executors of the Estate of Marguerite W. Morton, Joe B. Morton, Edwin B. Wilson, W.W. Mason, L.L. Mason, Louise W. Tolley and Carolyn W. Jones.

Cheshire, Parker & Butler by D. Michael Parker, Hillsborough, for defendants-appellees James A. Howard, Robert W. Howard, Georgia Howard Pometto, John Howard, Gladys Sykes Wallace, Elizabeth D. Sykes and Nancy B. McKee.


WELLS, Judge.

This appeal presents the sole question of whether the trial court properly interpreted the effect of Item Five of the will on the distribution of the assets of the estate. The appealing defendants in this case are beneficiaries under the residual disposition clause in Julian Wilson's will, who would stand to benefit from a different interpretation of the provisions of Item Five. The appellee defendants are...

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