Brawley v. . Collins
Supreme Court of North Carolina
EjbctmeNt tried at Fall Term, 1881, of Iredell Superior - Court, before Seymour, J. The plaintiffs claim an undivided share in the land described in their complaint, and in the defendant’s possession, under the will of Stephen Parker, their grandfather, the dispositive provisions of which, so far as they assist in the interpretation of the clause whose meaning is in dispute, are as follows: 2. It is my will that should my beloved wife, Mary, survive me, she should have a…
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EjbctmeNt tried at Fall Term, 1881, of Iredell Superior - Court, before Seymour, J. The plaintiffs claim an undivided share in the land described in their complaint, and in the defendant’s possession, under the will of Stephen Parker, their grandfather, the dispositive provisions of which, so far as they assist in the interpretation of the clause whose meaning is in dispute, are as follows: 2. It is my will that should my beloved wife, Mary, survive me, she should have a decent maintenance off all my lands during her natural life-time. 3. It- is my will that my son, Solomon, have fifty acres…
1Opinion of the Court
Smith, C. J.,
after stating the case. The only question for us to determine in passing on the appeal is as to the correctness of this construction of the clause, and the sense in which the ■word is used in this connection by the testator.
Considered by itself, the term “property” undoubtedly embraces real and personal estate, Foster v. Craige, 2 Dev. & Bat. Eq., 209, and such must be its meaning unless restricted by the context, or shown by other parts of the instrument, not to have been so intended by the testator. The leading object in the interpretation of all testamentary papers is to…
2Cases cited1 opinion
- Williams v. ParkerSupreme Court of North Carolina · 1881
3Cited by14 opinions
- Ferguson v. . FergusonSupreme Court of North Carolina · 1945
- Herring v. WilliamsSupreme Court of North Carolina · 1911
- Gatling v. GatlingSupreme Court of North Carolina · 1954
- WACHOVIA BANK & TRUST COMPANY v. DodsonSupreme Court of North Carolina · 1963
- Miller v. WorrallSupreme Court of New Jersey · 1901
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