Alexander v. . Johnston
Supreme Court of North Carolina
Appeal by caveators from Garter, /., at February Term, 1916, of MeGKLENBTTRG. This is a caveat to two papers offered for probate as the will of Julia W. Johnston. One of these papers is an envelope on which is written the words, “Julia W. Johnston Will,” and the other is a paper found on the inside of the envelope, in the following words: “Little Mills, RichmoNd CottNty, March 31, 1911. “My mind being as sound as usual, I herewith make my will.
Read the full summary
Appeal by caveators from Garter, /., at February Term, 1916, of MeGKLENBTTRG. This is a caveat to two papers offered for probate as the will of Julia W. Johnston. One of these papers is an envelope on which is written the words, “Julia W. Johnston Will,” and the other is a paper found on the inside of the envelope, in the following words: “Little Mills, RichmoNd CottNty, March 31, 1911. “My mind being as sound as usual, I herewith make my will. “To my dear mother, if she survives me, I will my farm in Gaston County, that is, my part of my father’s plantation. “To my unmarried sisters, and to…
1Opinion of the CourtAlleit, J.
The right to dispose of property by will is statutory (Pullen v. Comrs., 66 N. C., 361), and can only be exercised by following the requirements of the statute. In re Jenkins’ Will, 157 N. C., 429.
These requirements, prescribed by the legislative department for the execution of a will, are essential, and cannot be disregarded. They are the measure of the exercise of the right, and the heir cannot be deprived of his inheritance except in the way pointed out.
In determining the construction of a will, the controlling idea is to discover and give effect to the intent of the testator, but when the…
2Cases cited8 opinions
- Warwick v. WarwickSupreme Court of Virginia · 1890
- R. S. Pullen v. the Commissioners of Wake County.Supreme Court of North Carolina · 1872
- Devereux v. . McMahonSupreme Court of North Carolina · 1891
- Fosselman v. ElderSupreme Court of Pennsylvania · 1881
- In re Will of JenkinsSupreme Court of North Carolina · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Young v. . Whitehall Co.Supreme Court of North Carolina · 1948
- In Re the Appeal of MartinSupreme Court of North Carolina · 1974
- Honeycutt v. Citizens National Bank in GastoniaSupreme Court of North Carolina · 1955
- Estate of MoodyCalifornia Court of Appeal · 1953
- Kinney v. GardellaCalifornia Supreme Court · 1940
22 more not listed; retrieve them via the Exa API.