Hinson Ex Rel. Hinson v. Hinson
Supreme Court of North Carolina
Appeal by defendant from Harding, J., at the May Term, 1918, of UNION. This is an action to recover $200, commenced before a justice of the peace and tried in the Superior Court on appeal on an agreed statement of facts.
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Appeal by defendant from Harding, J., at the May Term, 1918, of UNION. This is an action to recover $200, commenced before a justice of the peace and tried in the Superior Court on appeal on an agreed statement of facts. The claim of the plaintiff is based on paragraph 5 of the will of Moses Hinson, which is as follows: “My will and desire is that whichever one of my sons that will stay with and take care of my wife during her life shall receive the sum of one hundred dollars a year, to be paid out of my estate.” The plaintiff, Fred E. Hinson, is one of the sons of said Moses Hin-son, and…
1Opinion of the CourtAlleN, J.
In construing wills, every part is to be considered, and no words ought to be rejected if any meaning can possibly be put upon them. The instrument is to be dealt with as one act. Apparently inconsistent provisions must be reconciled if it can reasonably be done. Satterwaite v. Wilkinson, 173 N. C., 40. When language is used having a clearly defined legal signification, it must be given its legal meaning and effect, and the first taker is regarded as the primary object of the testator’s bounty. Whitfield v. Douglas, 175 N. C., 48.
Applying these principles, we find in the will before us the…
2Cases cited4 opinions
- Edwards v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1897
- Satterwaite v. . WilkinsonSupreme Court of North Carolina · 1917
- Nunnery v. . CarterSupreme Court of North Carolina · 1860
- Bray v. . LambSupreme Court of North Carolina · 1833