HOUSE v. WHITE

No. 776SC96.

240 S.E.2d 489 (1978)

35 N.C. App. 124

R. D. HOUSE, Jr. and Eugene M. House, Petitioners, v. Sidney R. WHITE, Jr., James L. White, Lydia Bob White Moore, Lizzie Johnson White Partin, William Walter Robertson, Ruth Robertson Savage Tiller, Naomi Robertson McKinney, Sallie Dell Robertson Walston, and Lucille Robertson Anderson, Respondents.

Court of Appeals of North Carolina.

January 17, 1978.


Attorney(s) appearing for the Case

Dickens & Dickens by Wade H. Dickens, Jr., Scotland Neck, Allsbrook, Benton, Knott, Allsbrook & Cranford by Dwight L. Cranford, Roanoke Rapides, for petitioners-appellees.

Dunn & Dunn by Raymond E. Dunn, New Bern, for respondent-appellant.


VAUGHN, Judge.

Appellant concedes that the children of one of the life tenants are entitled to one-half of the trust fund. He contends, however, that all of those who are entitled to take as heirs of T. L. House are of one class, his grandchildren, and that there should be a per capita distribution to the members of that class. He relies on G.S. 29-16. We must point out, however, that the current Intestate Succession Act was enacted in 1959. It specifically...

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