WACHOVIA BANK AND TRUST COMPANY v. Wolfe

Did the testatrix use the words “personal property” to ■denote everything she owned except real property? Defendant Wolfe says, “Yes.” Defendant Red Cross says, “No,” contending that when used in the clause, “I leave my furniture, household effects and personal property,” the “personal property” in mind was ejusdem generis, that is, tangible articles of household and personal use.

The court, based solely on the will itself and the admissions, construed the will and entered judgment in-favor of defendant Red Cross.

The controversy concerns the assets, noted above, now in the hands of the…