Lambeth v. Fowler

CLARK, Judge.

The first issue upon appeal is whether plaintiff was required by the will to make an election.

An election is required only if the will discloses that it was the testator’s manifest purpose to put the beneficiary to an election. Bank v. Barbee, 260 N.C. 106, 131 S.E. 2d 666 (1963). “The doctrine of equitable election is in derogation of the property right of the true owner. Hence, the intention to put the beneficiary to án election must appear plainly from the terms of the will (citations omitted).” Burch v. Sutton, 266 N.C. 333, 335, 145 S.E. 2d 849, 851 (1966). The doctrine does…