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BARNES v. SCULL

No. COA14-264.

765 S.E.2d 820 (2014)

Carson D. BARNES and wife, Romelda E. Barnes, Plaintiffs-Appellants, v. Judith SCULL and husband, David Scull; Benjamin E. Thompson, Jr. and wife, Sandra P. Thompson; Roger Thompson Bass and wife, Phyllis Kellar Bass; Mary Lynn Thompson Whitley and husband, William G. Whitley, III; Robin Bess Pridgen Mercer, Unmarried; Jonathan Pridgen and wife, Sharon Pridgen; and any Unknown Heirs of W. Robin Pridgen, Deceased, Defendants-Appellees.

Court of Appeals of North Carolina.

November 18, 2014.

Attorney(s) appearing for the Case

Narron & Holford, P.A., by I. Joe Ivey , for Plaintiffs-Appellants.

Broughton Wilkins Sugg & Thompson, PLLC, by Benjamin E. Thompson, III and Blair K. Beddow , for Defendants-Appellees Scull, Thompson, Bass and Whitley.

Farris & Farris, P.A., by Robert A. Farris, Jr. and Rhyan A. Breen ; and King & King, LLP, by W. Lewis King , for Defendants-Appellees Mercer and Pridgen.

John S. Thompson ("Testator") executed his will in 1944. Testator also executed codicils that replaced certain terms of his will. The only codicil relevant to this appeal is the third codicil that was executed in 1955 (along with Testator's will, "the will"). Pursuant to the will, Testator devised to his wife, Maude Thompson...

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