Clayton v. Burch

When necessary to accomplish the testator’s intent as ascertained from the context of the will, the court may disregard improper use of capital letters, punctuation, misspelling and grammatical inaccuracies, especially where the will is written by an unlearned person. Bell v. Thurston, 214 N.C. 231, 199 S.E. 93; Mewborn v. Mewborn, ante, p. 284, 79 S.E. 2d 398.

To carry out the testator’s intent it is apparent that the words in the will “if not then if my Grand Sound Silus Daynel Clayton if he a living” should read “if not then to my Grand Sound Silus Daynel Clayton if he a living.” (Italics…