RIEGEL v. LYERLY

No. 282.

143 S.E.2d 65 (1965)

265 N.C. 204

Helen L. RIEGEL, Executrix of the Will of Harry J. Riegel, Deceased, and Helen L. Riegel, Individually, Plaintiffs, v. William D. LYERLY, individually and as a representative of the class of all adult persons now in being and who might be heirs at law of Helen L. Riegel, at the time of her death, and all unborn persons, unknown persons and all other persons, whether now in being or hereafter coming into being which under the laws of the State of North Carolina might now or might hereafter acquire such status as to become heirs of Helen L. Riegel at the time of her death, Defendants, and John D. Shaw, Guardian Ad Litem for unknown heirs, Additional Defendant.

Supreme Court of North Carolina.

July 23, 1965.


Attorney(s) appearing for the Case

John D. Shaw, Charlotte, for defendant appellants.

Helms, Mulliss, McMillan & Johnston, E. Osborne Ayscue, Jr., Charlotte, William H. Bobbitt, Jr., Charlotte, for plaintiff appellees.


RODMAN, Justice.

The widow's assertion of absolute ownership calls for answers to these questions: (1) Does the rule in Shelley's case or a similar rule apply to the disposition of personal property in this State? (2) If so, does the widow, by Item 4 of the Riegel will, acquire absolute ownership in one-third of the residuary estate?

The law in this State, settled by a uniform line of decisions, is that a grant, ...

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