Canoy v. Canoy

HUNTER, Judge.

Roger Terry Canoy (“plaintiff’) instituted this declaratory judgment action on 14 March 1996 wherein he requested that the court construe the last will and testament of his mother Myrtle G. Canoy (“testatrix”) and declare his interest in certain real property devised to him. Item IV of the testatrix’s will provides, in pertinent part:

Subject to the life estate of Glenn Canoy in Item III preceding[,] I will and devise all of my farm . . . consisting of all of my real estate in Randolph County ... to my son, Roger Canoy, for the term of his natural life, and at his death, in ten…