Legal Opinion

Bird v. . Gilliam

Supreme Court of North Carolina

Decided September 5, 1897PublishedCited by 18 opinions

Civil action* to recover land, tried at September Term, 1897, before Bryan, J. There was judgment for the defendant and plaintiff' appealed.

1Opinion of the Court

MONTGOMERY, J.:

The Courts always give that interpretation to wills which will most effectually carry out the intention of tlie testator, and there is no exception to this rule but in those cases where the testator uses technical words, which in law have a definite meaning and which are construed under a rule of the law. The defendant insists in the case before us that the testator had made use of certain technical words which in law thwart his intention, and that under the Rule in Shelley’s case he, defendant, has a good title to the land conveyed to him by deed hereinafter mentioned.

The…

2Cases cited3 opinions

  1. Watson v. . SmithSupreme Court of North Carolina · 1892
  2. Nichols v. . GladdenSupreme Court of North Carolina · 1895
  3. Rollins v. . KeelSupreme Court of North Carolina · 1894

3Cited by18 opinions

  1. Whitfield v. Garris.Supreme Court of North Carolina · 1903
  2. Wool v. Fleetwood.Supreme Court of North Carolina · 1904
  3. Puckett v. . MorganSupreme Court of North Carolina · 1912
  4. Reid v. . NealSupreme Court of North Carolina · 1921
  5. Williamson v. CoxSupreme Court of North Carolina · 1940

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