MOORE v. STERN

No. COA95-82.

468 S.E.2d 607 (1996)

Mary Margaret MOORE, Individually, and John Turner Walston, in his representative capacity as Administrator CTA of the Estate of Evan Charles Fowler, Deceased, Plaintiffs, v. Deborah Lodge STERN, Glen Allen Lodge, William Fowler and Jon R. Fowler, Defendants.

Court of Appeals of North Carolina.

April 16, 1996.


Attorney(s) appearing for the Case

Warren, Kerr, Walston, Hollowell & Taylor, L.L.P. by John Turner Walston and David E. Hollowell, Goldsboro, for plaintiff-appellees.

Donald P. Eggleston, Greensboro, for defendant-appellants.


McGEE, Judge.

The facts in this case are undisputed. Evan Charles Fowler (testator) died testate on 28 November 1992. He was predeceased by his wife, Norma Lodge Fowler, and he left no issue. By his will, dated 18 August 1966, testator left his entire estate to his wife. In the event his wife predeceased him, the will provided as follows:

Item III

In case my wife, Norma Lodge Fowler, shall not survive me, or in the event it will be impossible to...

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