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CANOY v. CANOY

No. COA98-1185.

520 S.E.2d 128 (1999)

Roger Terry CANOY, Plaintiff, v. Robert Wayne CANOY and wife, Delores J. Canoy, James Leslie Canoy and wife, Nellie Mae Canoy, Janie Canoy M. Sumner and husband, Farrell Sumner, William Larry Canoy and wife, Faye Canoy, Brenda Faye Canoy Buckles, Harold Eugene Canoy and wife, Judy Canoy, Glenn Keith Canoy and wife, Sandra Canoy, Richard Edgar Canoy and wife, Dorothy Canoy, and Nancy Lou Canoy Capps and husband Joseph Capps, Scott N. Dunn, Administrator of the Estate of Myrtle Greeson Canoy, and John Does A through Z, the Unborn Heirs of Myrtle Greeson Canoy, Defendants.

Court of Appeals of North Carolina.

October 19, 1999.

Attorney(s) appearing for the Case

Moser Schmidly Mason & Roose, by Stephen S. Schmidly, Asheboro, for plaintiffappellant.

Max D. Ballinger, Greensboro, for defendant-appellees William Larry Canoy and wife, Faye Canoy; Harold Eugene Canoy and wife, Judy Canoy; Glenn Keith Canoy and wife, Sandra Canoy; Richard Edgar Canoy and wife, Dorothy Canoy; Nancy Lou Capps and husband, Joseph Capps; and Brenda Canoy Buckles.

Robert T. Newman, Sr., Guardian Ad Litem, Asheboro, for defendant-appellee Unborn Heirs.

HUNTER, Judge.

Roger Terry Canoy ("plaintiff") instituted this declaratory judgment action on 14 March 1996 wherein he requested that the court construe the last will and testament of his mother Myrtle G. Canoy ("testatrix") and declare his interest in certain real property devised to him. Item IV of the testatrix's will provides, in pertinent part:

Subject to the life estate of Glenn Canoy in Item III preceding...

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