Adler v. First-Citizens Bank & Trust Co.

The sole question presented by this appeal is whether testator bequeathed his houseboat named “Heaven” to his brother, plaintiff in this action, by Article VI of his will which provides: “I give and bequeath all the rest and residue of my personal effects, (exclusive of automobiles) including jewelry, clothing, household furniture and any china, silver and crystal not desired by my two first cousins, unto my brother, Harold Adler, if he is living at the time of my death.” We agree with the trial court that he did not.

When a will is presented for construction the intention of the testator is…