Legal Opinion · Dissent

House v. House

Supreme Court of North Carolina

Decided December 14, 1949Published

1DissentBarnhill, J.

The majority conclude that the judgment entered in the court below should be affirmed. In this conclusion I am unable to concur. As the correct application of cardinal rules of construction of wills is involved, I feel compelled to express my views on the question presented. This may not be done intelligently except at the expense of repetition of matters contained in the majority opinion.

Thomas Wesley House died testate, seized and possessed of certain land in Wake County. He had five daughters and four sons who survived him. One daughter, Martha Virginia Paschal, survived the testator and…

2Cases cited13 opinions

  1. Heyer v. BulluckSupreme Court of North Carolina · 1936
  2. Williams v. . RandSupreme Court of North Carolina · 1943
  3. Holland v. . SmithSupreme Court of North Carolina · 1944
  4. Smith Ex Rel. Smith v. MearsSupreme Court of North Carolina · 1940
  5. Rees v. . WilliamsSupreme Court of North Carolina · 1914

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