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SHARPE v. SHARPE

No. COA01-783.

563 S.E.2d 285 (2002)

Benny Hall SHARPE, Walter Lee Sharpe, Ronald Edward Sharpe, Linda Sharpe Goodin and Martha Sharpe Goodin, Plaintiffs, v. Carolyn Gregory SHARPE, as Executrix of the Estate of Edith C. Sharpe, Larry W. Sharpe, Elizabeth Sharpe, Benny Hall (Butch) Sharpe, Jr., Wesley Sharpe, John Milton Sharpe, David Edward Goodin, (named as David Sharpe in will), Henry Daniel Goodin (named as Henry Melton Sharpe in will), Jason Scott Goodin (named as Jason Edward Goodin in will), Connie Irene Sharpe, Deanna Sharpe Bodenheimer (named as Deanna Sharpe in will), Krista Nicole Sharpe, Terrell Larry Sharpe, Brent Alexander Sharpe, and Trina Raye Sharpe, all as residual beneficiaries under the Last Will and Testament of Edith C. Sharpe, Defendants.

Court of Appeals of North Carolina.

May 21, 2002.

Attorney(s) appearing for the Case

McElwee Firm, PLLC by William H. McElwee, III and Elizabeth K. Mahan, North Wilkesboro, for plaintiffs-appellants.

Eisele, Ashburn, Greene & Chapman, P.A. by John D. Greene, Statesville, for defendants-appellees.

WALKER, Judge.

The decedent died on 20 March 1997. Her Last Will and Testament (the Will) named Carolyn G. Sharpe (the Executrix) as the Executrix of her estate. The Will devised the following in part:

ITEM III. I hereby direct my hereafter named Executor to sell to my nephew, Larry W. Sharpe, at his option, either or both of the following described tracts of land for a total price of Eight Hundred ($800.00) Dollars per acre: The thirty-eight (38) acre tract...

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