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HAMMER v. HAMMER

No. COA06-24.

633 S.E.2d 878 (2006)

Gary Wayne HAMMER, Plaintiff, v. Harold Dean HAMMER, Wanda H. Cornwell, and Wanda Abernethy Hammer Individually and as Executrix of the Estate of Harold Leach Hammer, Defendants.

Court of Appeals of North Carolina.

September 5, 2006.

Attorney(s) appearing for the Case

Pendleton, Pendleton & Deaton, P.A., by Wesley L. Deaton, Lincolnton, for plaintiff-appellant.

Robert J. Brown, P.A., by Micah J. Sanderson, Denver, for defendant-appellee Harold Hammer, and David M. Black, P.A., by David M. Black, Lincolnton, for defendant-appellees Wanda Abernethy Hammer & Wanda H. Cornwell.

STEELMAN, Judge.

Harold Leach Hammer (testator) died testate on 28 February 2005. His wife and executrix, Wanda Abernethy Hammer (Wanda Hammer) presented testator's will, dated 8 August 1989, to the Lincoln County Clerk of Court for probate. Item One of the will provides for burial and payment of debts. Additional items are as follows:

ITEM TWO. I give, devise and bequeath to my wife, Wanda Abernethy Hammer, if...

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