Legal Opinion

Woodard v. Clark

Supreme Court of North Carolina

Decided October 10, 1951No. 106PublishedCited by 30 opinions

1Opinion of the CourtBabNhill, J.

The rules controlling the construction of a will are variously stated in numerous decisions of this Court. They all come to this: The objective of construction is to effectuate the intent of the testator as expressed in his will, for his intent as so expressed is his will. Seawell v. Seawell, 233 N.C. 735, and cases cited.

A consideration of tbe language contained in tbe Clark will in tbe light of tbis rule leads us to tbe conclusion tbat tbe devise to tbe plaintiff does not vest ber with an absolute, unrestricted title to tbe property sbe received under tbe will.

It is true tbat a devise of…

2Cases cited16 opinions

  1. Carroll v. HerringSupreme Court of North Carolina · 1920
  2. Elmore v. AustinSupreme Court of North Carolina · 1950
  3. Chewning v. . MasonSupreme Court of North Carolina · 1912
  4. Roane v. . RobinsonSupreme Court of North Carolina · 1925
  5. Barco v. . OwensSupreme Court of North Carolina · 1937

11 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Pinnix v. ToomeySupreme Court of North Carolina · 1955
  2. Greene v. SpiveySupreme Court of North Carolina · 1952
  3. WACHOVIA BANK AND TRUST COMPANY v. WolfeSupreme Court of North Carolina · 1956
  4. Morris v. MorrisSupreme Court of North Carolina · 1957
  5. Wachovia Bank & Trust Co. v. SchneiderSupreme Court of North Carolina · 1952

25 more not listed; retrieve them via the Exa API.

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