BARNES v. EVANS

No. 906SC37.

402 S.E.2d 164 (1991)

Wayland S. BARNES, Individually and Executor of the Estate of Mildred L. Wilson, Petitioner, v. Ken EVANS, Marie Sterling, Ellen Northey O'Neal, Margaret Pomeroy, Virginia Smith, Pat Daly, Colerain Baptist Church, Colerain Methodist Church, Billy Graham Evangelical Association, J. Frank Wilson, Dorothy Wilson, Margaret Sterling, Kay Sterling Ellis, Ruth Bristow, Carol Barnes, University of North Carolina at Greensboro, and Any Unknown and Unnamed Heirs of Mildred L. Wilson, et al, Respondents.

Court of Appeals of North Carolina.

April 2, 1991.


Attorney(s) appearing for the Case

Pritchett, Cooke & Burch by W.L. Cooke, Windsor, for petitioner-appellee Wayland S. Barnes.

Atty. Gen., Lacy H. Thornburg by Sp. Deputy Atty. Gen., Charles J. Murray, Raleigh, for the State.

Baker, Jenkins & Jones, P.A. by Robert C. Jenkins and Robert E. Ruegger, Ahoskie, for respondent-appellee Lou Wilson Mason.


WELLS, Judge.

The University of North Carolina assigns as error the trial court's ruling that decedent's certificates of deposit were among property that was not specifically devised. The trial court's ruling resulted in the certificates of deposit passing by intestate succession rather than passing to the University under the will. The issue here is whether the term "remaining cash and bonds" in Item V of the will includes decedent's certificates of deposit. We hold...

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