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MATTER OF WILL OF HUBNER

No. 9128SC406.

416 S.E.2d 401 (1992)

106 N.C. App. 204

In the Matter of the WILL OF Dorothy J. HUBNER, Deceased.

Court of Appeals of North Carolina.

May 5, 1992.

Attorney(s) appearing for the Case

Roberts, Stevens & Cogburn by Allan P. Root, Asheville, for respondent-appellant Florence Stephens.

Richard S. Daniels, Asheville, for respondent-appellant Ruth McGuire.

Adams, Hendon, Carson, Crow & Saenger by Philip G. Carson and Martin K. Reidinger, Asheville, for respondents-appellees Jean Peterson, Barbara Tschopp, Linda Mandell and Sharon Ribordy.

No brief for First Union Nat. Bank, Executor of the Estate of Dorothy J. Hubner.

LEWIS, Judge.

This opinion supercedes our opinion filed 3 March 1992, 105 N.C. App. 542, 414 S.E.2d 364.

The issue in this case is whether heirs who partake of a devise pursuant to the anti-lapse statute are entitled to a share of a lapsed residuary gift.

Dorothy J. Hubner died testate on 3 July 1989. After reciting multiple gifts, item six of the will provided:

In the...

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