HOLLOWELL v. HOLLOWELL

No. 333PA92.

430 S.E.2d 235 (1993)

333 N.C. 706

Beatrice H. HOLLOWELL v. James Rodney HOLLOWELL and Wife, Kay Munroe Hollowell; Teresa H. Williams and Husband, David Williams; Cathy Hollowell Pearce and Husband, Lester Pearce; Debra Joan Hollowell (Unmarried); and Louisiana-Pacific Corporation.

Supreme Court of North Carolina.

June 4, 1993.


Attorney(s) appearing for the Case

Jonathan S. Williams and J. Darby Wood, P.A. by J. Darby Wood, Goldsboro, for plaintiff-appellee.

Dees, Smith, Powell, Jarrett, Dees & Jones by Tommy W. Jarrett, Goldsboro, for defendant-appellants.


FRYE, Justice.

In this case we decide whether the Court of Appeals erred in affirming the trial court's entry of partial summary judgment for plaintiff in which the trial court concluded that plaintiff possesses a one-fourth undivided interest in fee simple in the ninety-five acres of land in question. The resolution of this issue turns upon the proper construction of the will of Ed Langston who died on 30 May 1948. The determinative question is whether the testator...

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