Freeman v. Freeman.
Supreme Court of North Carolina
ActioN by N. C. Freeman, Executor, against Rachel Freeman and others, heard by Judge T. J. Shaw, at the October Term, 1905, of the Superior Court of •DukhaM.
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ActioN by N. C. Freeman, Executor, against Rachel Freeman and others, heard by Judge T. J. Shaw, at the October Term, 1905, of the Superior Court of •DukhaM. This is an action by the plaintiff, as executor of Ewell Freeman, asking for a construction of the will of his testator, who died in the county of Wake in 1880, leaving a last will an His Honor being of the opinion that upon a proper construction of the will, only the children of the testator, who were living at the death of his widow, were entitled to share in the proceeds of the property, rendered judgmnt accordingly, from which the…
1Opinion of the Court
Connor, J.,
after stating the case: We fully concur with counsel for appellants that when the language used by a testator is doubtful, the court inclines to that construction which will make the title to property left in remainder vested, rather than contingent. The authorities cited in the brief amply sustain the position. 2 Fearne Rem., 200; Gardner on Wills, 499. This rule is not permitted, however, to interfere with the primary rule of construction which requires the court, in all cases, to ascertain and effectuate the intention of the testator, as gathered from the language used, if…
2Cases cited2 opinions
- Whitesides v. . CooperSupreme Court of North Carolina · 1894
- Benbow v. . MooreSupreme Court of North Carolina · 1894
3Cited by19 opinions
- Heyer v. BulluckSupreme Court of North Carolina · 1936
- Heyer v. . BulluckSupreme Court of North Carolina · 1936
- Little v. Wachovia Bank and Trust CompanySupreme Court of North Carolina · 1960
- Witty v. WittySupreme Court of North Carolina · 1922
- Witty v. . WittySupreme Court of North Carolina · 1922
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