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MORRISON v. GRANDY

No. 931SC433.

443 S.E.2d 751 (1994)

John S. MORRISON, Administrator C.T.A. of the Estate of Byran O. Grandy, Plaintiff, v. Melvin GRANDY, Arlene Grandy, Franklin Grandy, Betty Grandy Lynn, Charles Grandy, Paul Grandy, Margaret Nicholson, Clinton Grandy, Caroline Jo Wallace, Patricia Davis and Mary Grandy Schwarga, Defendants.

Court of Appeals of North Carolina.

June 7, 1994.

Attorney(s) appearing for the Case

John J. Flora, III, Moyock, for defendant appellant Melvin Grandy.

Aycock, Spence & Butler by W. Mark Spence, Nags Head, for defendant appellee Charles Grandy.

D. Keith Teague, P.A. by D. Keith Teague (withdrew after filing brief), for defendant appellee Franklin Grandy.

ARNOLD, Chief Judge.

The question here presented is whether the devise in Item VII adeemed because of the agreement to sell. The answer is no, ademption simply does not apply. Legal fiction should not be considered when there are relevant statutes, such as N.C. Gen.Stat. § 31-41 (1984), which apply. G.S. § 31-41 states "[e]very will shall be construed ... to speak and take effect as if it had been executed immediately before the death of the testator, unless...

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