White v. White

Supreme Court of North Carolina
White v. White, 248 N.C. 99 (N.C. 1958)
102 S.E.2d 446; 1958 N.C. LEXIS 337

White v. White

Opinion of the Court

Per Curiam:

The appellants assign as error the court’s adjudication that it was the intent of the testator to devise and bequeath to his wife, Hanna Dotson White, in fee simple, all the property mentioned in his will except 70 shares of stock specifically devised equally between his daughter, Shirley White Benfield, and his son, Richard Dotson White. The will and the court’s interpretation of it are parts of the record, and before us. The appellants conceded on the argument, and correctly so, that for them and those whom they represent to have any interest in the estate and, therefore, any standing in court, it would be necessary to construe the will as conveying a life estate only *100to Hanna Dotson White, with the contingent remainder to the testator’s three children, Earl C. White, Jr., Shirley White Benfield, and Richard Dotson White, with final devisees and legatees to be determined by the call of the roll at the death of the life tenant. The will does not permit of the interpretation appellants seek to have the court place upon it. In no event does the will create a contingent remainder. The appellants, therefore, have no interest in the estate, contingent or otherwise. They are not parties aggrieved by the adjudication.

The judgment of the Superior Court of MecicleNbueg County is

Affirmed.

Reference

Full Case Name
HANNA DOTSON WHITE and EARL C. WHITE, JR., Executors of the Last Will and Testament of EARL C. WHITE, SR. v. HANNA DOTSON WHITE, Widow EARL C. WHITE, JR. and Wife, PAULINE FURR WHITE SHIRLEY WHITE BENFIELD and husband, DR. ROBERT H. BENFIELD RICHARD DOTSON WHITE, unmarried EARL BRENT WHITE, Minor JENNIE GLYNN WHITE, Minor CYNTHIA DOTSON WHITE, Minor LAURA ELLEN BENFIELD, Minor, ROBERT HANEY BENFIELD, Minor and all other persons whose names are unknown in being or who may be in being at or prior to the time of the death of HANNA DOTSON WHITE and who have or may have an interest in the estate or assets of EARL C. WHITE, SR.
Status
Published