KIRKMAN v. WILSON

No. 242A90.

401 S.E.2d 359 (1991)

328 N.C. 309

Roy L. KIRKMAN and wife, Lula B. Kirkman; Clinton (NMI) Kirkman and wife, Ann Lyvonne Kirkman; and James E. Kirkman (Unmarried), Plaintiffs, v. Addie WILSON (Widow); Zeno M. Everette, Jr. and wife, Carol H. Everette; Ernest F. Boyd and wife, Sybil E. Boyd; Brenda H. Manning; Louis Earl Toler and wife, Joyce D. Toler; Linwood Earl Braxton and wife, Earline Braxton; Elvira Johnson (Widow); Richard D. Jewell and wife, Patsy Johnson Jewell; and Marie H. Wise (Widow), Defendants and Third Party Plaintiffs, v. J.L. WILSON and wife, Addie Wilson; Cora Lee Bailey and husband, Dennis Bailey; Jimmy Morris and wife, Janice Marline Morris; Doris Evelyn Sadler and husband, Clem M. Sadler; Britt Annie Warren and husband, James W. Warren; Dora Lee Sumrell and husband, William H. Sumrell; Stephen Kite and wife, Julia Laura Kite; Guy C. Fornes and wife, Lena Frances Fornes; James S. Dixon and wife, Amanda Dixon; and Claudis Dixon and wife, Ada Mae Dixon, Third Party Defendants.

Supreme Court of North Carolina.

March 7, 1991.


Attorney(s) appearing for the Case

Ward and Smith, P.A. by Susan K. Ellis and J. Randall Hiner, New Bern, for plaintiffs.

LeBoeuf, Lamb, Leiby & MacRae by Jane Flowers Finch and Thomas W. Boyd, Raleigh, for defendants.


WHICHARD, Justice.

Plaintiffs brought this declaratory judgment action seeking to have themselves declared the fee simple owners of a tract of land and to have defendants ejected therefrom and plaintiffs placed in possession. All parties trace their alleged ownership to A.E. Kirkman, who had title to the land sometime prior to 22 August 1936. Kirkman died testate on 11 May 1941. He devised all his real estate to his son, G.C. Kirkman, "to have and to use during his...

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