McCullen v. . Daughtry

The one question presented by this appeal is what was the true meaning and intent of the testator in the seventh item of his will when he used the words, “money on hand after paying for my funeral expenses.” The. intention of the testator is the guiding star in this search. Technical definitions give way to popular uses of words when the context shows a nontechnical use. Jones v. Myatt, 153 N. C., 225; Schouler on Wills, sec. 470; Gardner on Wills, 403; Foil v. Newsome, 138 N. C., 115; Page v. Foust, 89 N. C., 447.

There is always a presumption that a testator did not intend to die partially…