Satterwaite v. . Wilkinson
Supreme Court of North Carolina
Civil actioN, tried before Whedbee, J., at December Term, 1916, of Beaufort. Tbis is an action to recover a tract of land, and both parties claim under the will of Seth H. Tyson, in which the property in controversy was devised as follows: “It is my will and desire to lend unto my wife, Annie Tyson, during her natural life, all the balance of my estate, both real and personal, of whatever may be found, consisting of hogs, cattle, sheep, horses, poultry, household and kitchen…
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Civil actioN, tried before Whedbee, J., at December Term, 1916, of Beaufort. Tbis is an action to recover a tract of land, and both parties claim under the will of Seth H. Tyson, in which the property in controversy was devised as follows: “It is my will and desire to lend unto my wife, Annie Tyson, during her natural life, all the balance of my estate, both real and personal, of whatever may be found, consisting of hogs, cattle, sheep, horses, poultry, household and kitchen furniture, farming utensils, land, negroes, casb, notes, accounts, etc., after the payment of all my just and lawful…
1Opinion of the CourtAlleN, J.
The object of construction in passing upon the provisions of a will is to discover and effectuate the intent of the testator.
It is presumed that every part'of the will “expresses an intelligent intent, i. e., means something” (Wooten v. Hobbs, 170 N. C., 214), and this intent is not only to be “gathered from the language used, if possible” (Freeman v. Freeman, 141 N. C., 99), “but in seeking for his intention we must not pass by the language he has used. If we do, we shall make the will and not expound it.” Alexander v. Alexander, 41 N. C., 231, in McCallum v. McCallum, 167 N. C., 311.
It is…
2Cases cited6 opinions
- Parks v. Robinson.Supreme Court of North Carolina · 1905
- Edens v. . WilliamsSupreme Court of North Carolina · 1819
- Freeman v. Freeman.Supreme Court of North Carolina · 1906
- Griffin v. . CommanderSupreme Court of North Carolina · 1913
- Alexander v. . AlexanderSupreme Court of North Carolina · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Williams v. . RandSupreme Court of North Carolina · 1943
- Smith Ex Rel. Smith v. MearsSupreme Court of North Carolina · 1940
- Pilley v. . SullivanSupreme Court of North Carolina · 1921
- Williams v. . BestSupreme Court of North Carolina · 1928
- Hinson Ex Rel. Hinson v. HinsonSupreme Court of North Carolina · 1918
2 more not listed; retrieve them via the Exa API.