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BRAWLEY v. SHERRILL

No. COA18-1043.

833 S.E.2d 36 (2019)

Billie Cress Sherrill BRAWLEY, as Executrix of the Estate of Zoie S. Deaton a/k/a Zoe Lee Spears Deaton, Plaintiff, v. Bobby Vance SHERRILL, Bradley Brawley, and Rebecca Brawley Thompson, Defendants.

Court of Appeals of North Carolina.

Filed: September 3, 2019.

Attorney(s) appearing for the Case

Homesley, Gaines, Dudley & Clodfelter, LLP, Statesville, by T.C. Homesley, Jr. , and Christina E. Clodfelter , for defendant-appellee Bobby Vance Sherrill.

Jones, Childers, Donaldson & Webb, PLLC, by Mark L. Childers , Mooresville, for defendant-appellant Rebecca Brawley Thompson.

No brief filed for plaintiff-appellee Billie Cress Sherrill Brawley as Executrix of the Estate of Zoie S. Deaton a/k/a Zoe Lee Spears Deaton.

No brief filed for defendant-appellee Bradley Brawley.

This appeal concerns application of the Latin term "per stirpes," which has been employed as a term of art in wills and estates for more than a century in America and adopted from English common law. A will may provide for the distribution of the interest of a beneficiary who does not survive the testator. The use of the term...

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