Legal Opinion

Williams v. . Best

Supreme Court of North Carolina

Decided March 14, 1928PublishedCited by 17 opinions

1Opinion of the CourtAdaiis, J.

If a devise is set forth in clear and unequivocal language there is no occasion for judicial interpretation; but if doubt exists resort may be had to certain arbitrary canons of construction which are designed to give a definite meaning to particular forms of expression. The fundamental object of construction is to ascertain and give effect to the intention of the testator as declared in his will; and in seeking to discover his intention we must inspect all the provisions in the light of the presumption that the testator used words in their ordinary sense and that every part of the will…

2Cases cited8 opinions

  1. Reid v. . NealSupreme Court of North Carolina · 1921
  2. McIver v. . McKinneySupreme Court of North Carolina · 1922
  3. Gordon v. . EhringhausSupreme Court of North Carolina · 1925
  4. Powell v. . WoodcockSupreme Court of North Carolina · 1908
  5. Williams v. . McCombSupreme Court of North Carolina · 1844

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3Cited by17 opinions

  1. Heyer v. BulluckSupreme Court of North Carolina · 1936
  2. Heyer v. . BulluckSupreme Court of North Carolina · 1936
  3. West Ex Rel. West v. MurphySupreme Court of North Carolina · 1929
  4. Richardson v. . CheekSupreme Court of North Carolina · 1937
  5. Germer v. PUBLIC SERVICE MUTUAL INS. CO.New Jersey Superior Court Appellate Division · 1967

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