Rollins v. . Keel
Supreme Court of North Carolina
This was a civil ACTION, for the recovery of a tract of land, tried before Bynum, J., at April Term, 1894, of Pitt Superior Court, on the following case agreed : “1. On the 6th day of October, 1881, Rufus C. Rollins duly made and executed his last will and testament, with all the forms and solemnities required by law, and sufficient in form to pass both real and personal estate.
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This was a civil ACTION, for the recovery of a tract of land, tried before Bynum, J., at April Term, 1894, of Pitt Superior Court, on the following case agreed : “1. On the 6th day of October, 1881, Rufus C. Rollins duly made and executed his last will and testament, with all the forms and solemnities required by law, and sufficient in form to pass both real and personal estate. “2. That very shortly thereafter, to-wit, on the 9th day of December, 1881, the said Rufus C. Rollins died, resident and domiciled in the county of Pitt, and his last will and testament was, on the 15th day of…
1Opinion of the Court
Shepherd, C. J.:
“In interpreting wills it is the duty of the Court to ascertain and give effect to the intention of the testator. Technical rules of construction and decided eases serve only as aids rather than as binding rules in the discharge of such duties. The meaning of every will, and its several parts, depends largely upon the circumstances of the testator as these appear from the will itself. The meaning attributed by him to words and phrases, when it appears, must prevail, however different this may be from that ordinarily implied by such words and phrases in other wills or other…
2Cases cited1 opinion
- Patrick v. . MoreheadSupreme Court of North Carolina · 1881
3Cited by31 opinions
- Wool v. Fleetwood.Supreme Court of North Carolina · 1904
- Puckett v. . MorganSupreme Court of North Carolina · 1912
- Jones v. . WhichardSupreme Court of North Carolina · 1913
- Reid v. . NealSupreme Court of North Carolina · 1921
- May v. Lewis.Supreme Court of North Carolina · 1903
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