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TYSON v. HENRY

No. COA98-222.

514 S.E.2d 564 (1999)

Elizabeth J. TYSON, Plaintiff, v. Lacy M. HENRY, Administrator, CTA of the Estate of William Francis Tyson, Vance B. Taylor, Julie McKenzie Jones, Connie Tyson Bunn, James Austin Congleton, a minor, and Brett Tyson Congleton, a minor, all Unknown and Unborn Beneficiaries under the Will of William Francis Tyson, Defendants.

Court of Appeals of North Carolina.

June 1, 1999.

Attorney(s) appearing for the Case

Colombo, Kitchin, Johnson, Dunn & Hill, L.L.P., by Michael A. Colombo, W. Walton Kitchin, Jr. and Micah D. Ball, Greenville, for plaintiff-appellee.

McLawhorn & Associates, by Charles L. McLawhorn, Jr., Greenville, for defendant-appellant Henry.

Gaylord, McNally, Strickland & Snyder, L.L.P., by Emma Stallings Holscher and Danny D. McNally, Greenville, for defendant-appellant Jones.

Owens, Rouse & Nelson, by James A. Nelson, Jr., Greenville, for defendants-appellants Congleton.

Law Office of E. Keen Lassiter, by E. Keen Lassiter, Winterville, for defendant-appellant unknown and unborn beneficiaries under the will of William Francis Tyson.

TIMMONS-GOODSON, Judge.

This action arises out of an effort by Elizabeth J. Tyson ("plaintiff") to have a trust agreement executed by William Francis Tyson ("Tyson") declared void. The evidence tends to show that Tyson died on 16 October 1996. Prior to his death, Tyson executed a Last Will and Testament ("Will") on 29 April 1996. Article V of the Will stated the following:

I bequeath and devise all tract or parcels of land which I own at the time of my death...

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