Wright v. Vaden

This action, being for the construction of a will, should have been brought in Gaston County where the will was adr mitted to probate. Since, however, no objection on this ground was taken in the court below, the improper venue was waived. Devereux v. Devereux, 81 N.C. 12; McIntosh, N. C. Practice and Procedure § 804 (1956).

The question presented by this appeal is whether, in the devise of the remainder after her death, the words “to the children or other lineal descendants of said Elsie May Johnson” are words of purchase, or words of limitation which bring the devise within the rule in…