Bear v. Bear

At the outset, exceptions of all respondents to the “findings of fact” are without merit and are overruled because the facts stated by the court as “findings of fact” are only recapitulation of facts admitted, stipulated or agreed upon, and the exceptions will be considered only as exceptions to the conclusions of law.

Appellants Bear and Durham contend that they should take the entire residue of the estate, relying both on the effect of North Car olina General Statute 31-42 and what they contend is a reasonable construction of the will. Appellants Moss and Stephenson contend that as to the…