Bowden v. . Lynch
Supreme Court of North Carolina
Civil actioN, rtied before yVhedbee, J., at February Term, 1916, of GbEENE. This is an action to recover land, both parties claiming under Gray R. Pridgen, who died in 1866, leaving a will, the material parts of which are as follows: “Item first.
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Civil actioN, rtied before yVhedbee, J., at February Term, 1916, of GbEENE. This is an action to recover land, both parties claiming under Gray R. Pridgen, who died in 1866, leaving a will, the material parts of which are as follows: “Item first. I give and devise to my beloved wife, Mary T. Pridgen, during her natural life, all my land, money, stock of every kind, household and kitchen furniture, and in the meantime she, the said Mary T. Pridgen, can give off to each child their respective legacies hereinafter named. “Item second. I give to my son, H. R. Pridgen, after the death of his…
1Opinion of the CourtAllen, J.
It is apparent from an inspection of tbe whole will that the paramount and controlling purpose in the mind of the testator was to provide for the five children named therein and their children, and that he intended for the children and grandchildren to take in succession, and not as tenants .in common, and this general intent should prevail even against minor considerations in conflict with it if they appeared in the will. Lassiter v. Wood, 63 N. C., 360; Balsley v. Balsley, 116 N. C., 477.
It is also clear that the will was drawn by one who was not versed in technical legal rules or language,…
2Cases cited14 opinions
- Smith v. Moore.Supreme Court of North Carolina · 1906
- Davis v. FrazierSupreme Court of North Carolina · 1909
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
- Smith v. Ellington-Guy Lumber Co.Supreme Court of North Carolina · 1911
- Beacom v. AmosSupreme Court of North Carolina · 1913
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- American Yarn & Processing Co. v. DewstoeSupreme Court of North Carolina · 1926
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