Stephenson v. Rowe

EXUM, Justice.

This is a declaratory judgment action for the construction of a will. The question is whether a devise of a specified number of acres, not described by metes and bounds, out of a larger tract is too vague to be valid. The Court of Appeals, relying on Hodges v. Stewart, 218 N.C. 290, 10 S.E. 2d 723 (1940), concluded that it was and vacated the trial court’s summary judgment for defendant which sustained the devise. We overrule Hodges v. Stewart, reverse the Court of Appeals’ decision and reinstate the judgment of the trial court. We conclude under the circumstances of this case…