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COBLE v. PATTERSON

No. 9315SC319.

442 S.E.2d 119 (1994)

114 N.C. App. 447

Notie J. COBLE, Executrix of the Estate of Ross Coble and Notie J. Coble, Individually, Plaintiff, v. Kathleen C. PATTERSON, Agnes C. White, Helen C. Byers, Rebecca C. Robertson, Cornelia C. Stanton, Larry M. Patterson, T. Michael Patterson, Bobby White, Janet Grizzle, Penny Sue Simon, and Kay Stanton Combs, Defendants.

Court of Appeals of North Carolina.

April 19, 1994.

Attorney(s) appearing for the Case

Charles L. Bateman, P.A. by Charles L. Bateman and Linda J. Hartwell, Burlington, for plaintiff-appellee.

Frederick J. Sternberg, P.A. by Frederick J. Sternberg, and Latham, Wood, Hawkins & Whited by B.F. Wood and G. Keith Whited, Graham, for defendants-appellants.

EAGLES, Judge.

Defendants bring forward two assignments of error. After careful review of the record and briefs, we affirm the trial court's judgment declaring plaintiff the fee simple owner of the Albright Township property. We reverse the trial court's judgment declaring that the interests created in Item 8 of decedent's will violated the Rule Against Perpetuities.

I.

Defendants first contend that the trial court erred in declaring plaintiff the...

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