Cabarrus Bank & Trust Co. v. Finlayson

SOPER, Circuit Judge.

This case calls for the interpretation-of certain provisions of the will of Hattie-Lee Finlayson of Goldsboro, Wayne County, North Carolina, who died in 1925,. whereby the testatrix devised and bequeathed certain property to her daughter, Emma Finlayson (Cannon) Whitman, but specifically provided that if her daughter should die without children the-property left to her would be divided' amongst the children of the son of the-testatrix, H. Lee Finlayson. The son died on September 8, 1937, leaving the-plaintiff, H. Lee Finlayson, Jr., as his-only surviving child. The…