Darden v. . Matthews
Supreme Court of North Carolina
Civil actioN, tried before Lyon, J., at February Term, 1917, of SAMPSON. This is a controversy submitted without action. Mary J. Darden, wbo was the owner of the land in controversy, died without issue, leaving a will, which has been duly probated and recorded, the material parts of which are as follows: “Second.
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Civil actioN, tried before Lyon, J., at February Term, 1917, of SAMPSON. This is a controversy submitted without action. Mary J. Darden, wbo was the owner of the land in controversy, died without issue, leaving a will, which has been duly probated and recorded, the material parts of which are as follows: “Second. I give and devise and bequeath to my beloved husband, J. T. Darden, all of my real and personal property, of every kind and description, to have, possess, and use during his natural life, and upon his death all of said real and personal property shall go to my husband’s brother, J.…
1Opinion of the CourtAlleN, J.
A codicil is a part of a will, but with the peculiar function annexed of expressing tbe testator’s afterthought or amended intention. It should be construed with the will itself, and the two should be dealt with as one instrument (1 Shouler Wills and Ex., sec. 487; Green v. Lane, 45 N. C., 113), and when so considered the land in controversy is devised to the plaintiff “during his natural life,” with “full power and authority to sell and convey” it.
Language, annexed to a life estate, much less direct and explicit than that contained in the codicil, has been held to confer a general power of…
2Cases cited7 opinions
- Chewning v. . MasonSupreme Court of North Carolina · 1912
- Patrick v. . MoreheadSupreme Court of North Carolina · 1881
- Fellowes v. . DurfeySupreme Court of North Carolina · 1913
- Parks v. Robinson.Supreme Court of North Carolina · 1905
- Griffin v. . CommanderSupreme Court of North Carolina · 1913
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3Cited by14 opinions
- Roane v. . RobinsonSupreme Court of North Carolina · 1925
- Smith Ex Rel. Smith v. MearsSupreme Court of North Carolina · 1940
- Rudisill v. HoyleSupreme Court of North Carolina · 1961
- WACHOVIA BANK & TRUST COMPANY v. DodsonSupreme Court of North Carolina · 1963
- Hardee v. . RiversSupreme Court of North Carolina · 1947
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