Legal Opinion

Spain v. Spain

Supreme Court of North Carolina

Decided November 20, 1963PublishedCited by 1 opinion

1Opinion of the CourtRodmaN, J.

As said by Shakp, J., in Trust Co. v. Bryant, 258 N.C. 482, 128 S.E. 2d 758: “The basic rule of -construction, and the refrain of every opinion; which seeks to comprehend a testamentary plan is that '(t)'he intent of the testator is the polar star that must guide the courts in the interpretation of a will’.” Moose, J., .said in Poindexter v. Trust Co., 258 N.C. 371, 128 S.E. 2d 167: “The intent of the testatrix iis her will and must ibe carried out unless some rule of law forbidis it.”

Testatrix did not “give,” “¡bequeath,” or “devise” 'her property. She “wants” (used .in nine different…

2Cases cited18 opinions

  1. Little v. Wachovia Bank and Trust CompanySupreme Court of North Carolina · 1960
  2. Clark v. ConnorSupreme Court of North Carolina · 1960
  3. Coddington v. . StoneSupreme Court of North Carolina · 1940
  4. Morris v. MorrisSupreme Court of North Carolina · 1957
  5. Poindexter v. WACHOVIA BANK AND TRUST COMPANYSupreme Court of North Carolina · 1963

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3Cited by1 opinion

  1. In Re Wilson's WillSupreme Court of North Carolina · 1963

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