McMillan v. Davis

WEBB, Judge.

We believe the superior court correctly interpreted the will of Mary D. Hodges. Under the contested provision Luna Davis Newsome was to receive a one-half undivided interest in the property. She did not survive the testatrix and this legacy lapsed. The lapse was not saved by G.S. 31-42(a) because Luna Davis Newsome’s heirs would not have taken under the Intestate Succession Act had there been no will. Stevenson v. Trust Co., 202 N.C. 92, 161 S.E. 728 (1932).

Simon Peter Davis survived the testatrix and he received a remainder interest after the life estate of Walter Hodges, Jr. “An…