Herring v. . Williams
Supreme Court of North Carolina
Appeal from Guión, J., at tbe March Term, 1910,- of Nash. In August, 1902, William R. Williams died, resident in Nash County, seised of a tract of land containing about a hundred acres, of two town lots in the city of Rocky Mount, and of a small quantity of personal property. He left surviving him his widow, the defendant, Carrie Williams.
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Appeal from Guión, J., at tbe March Term, 1910,- of Nash. In August, 1902, William R. Williams died, resident in Nash County, seised of a tract of land containing about a hundred acres, of two town lots in the city of Rocky Mount, and of a small quantity of personal property. He left surviving him his widow, the defendant, Carrie Williams. He had no living children born to him and his wife, but when the feme plaintiff, Bettie Herring, whose maiden name was Bettie Melton, was only ten weeks old, he adopted her and took her into his home as his foster child. On 11 March, 1902, four months prior…
1Opinion of the CourtManning-, J.
The primary purpose of the courts, when a will is presented for construction, is to ascertain the intention of the testator from the language used by him. In ascertaining sucb intention, the entire will must be considered, and it is competent to consider the condition of the testator’s family, how he was circumstanced, and his relationship to the objects of his testamentary disposition, so as nearly as possible to get his viewpoint at the time the will is executed. In the present case, the testator’s family was composed of his wife, the defendant Carrie Williams, and his foster-daughter, the…
2Cases cited22 opinions
- Jackson v. SebringNew York Supreme Court · 1819
- Leggett v. . FirthNew York Court of Appeals · 1892
- Bryan v. LyonIndiana Supreme Court · 1885
- Clark v. MiddlesworthIndiana Supreme Court · 1882
- Wood v. RobertsonIndiana Supreme Court · 1888
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- Cannon v. . CannonSupreme Court of North Carolina · 1945
- Smith Ex Rel. Smith v. MearsSupreme Court of North Carolina · 1940
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