Johnston v. . Knight
Supreme Court of North Carolina
Civil action for the construction of a will, heard before Coble, J., at May Term, 1895, of Yance Superior Court. Penninah McDowell left a will, in which was the following clause: “That, as my estate is given and devised to my beloved sister Mary L ITowell only during her natural life, I give and devise it at her death as follows ; that is to say : To the heirs of my sister Elizabeth 0. Knight, to the heirs of my sister Margaret L. Long, to the heirs of my brother Elisha C.…
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Civil action for the construction of a will, heard before Coble, J., at May Term, 1895, of Yance Superior Court. Penninah McDowell left a will, in which was the following clause: “That, as my estate is given and devised to my beloved sister Mary L ITowell only during her natural life, I give and devise it at her death as follows ; that is to say : To the heirs of my sister Elizabeth 0. Knight, to the heirs of my sister Margaret L. Long, to the heirs of my brother Elisha C. McDowell, and to my beloved sister Pattie A. McDowell. The division of my estate after the death of my said beloved…
1Opinion of the Court
Faircloth, C. J.:
1. Was the power given by will by Pennina or Nina McDowell, to Mary L. Howell, executed by the will of the latter? When it is not done in express terms, by reference to the power or the subject, then a construction must be given by looking to the whole instrument and the intent- therein, for the intent must govern.
If the donee of the power intends to execute, that intention, however manifested — whether directly or indirectly, positively or by just implication — will make the execution valid and operative.
“The general rule is settled that a general residuary devise will…
2Cases cited1 opinion
- Cumston v. BartlettMassachusetts Supreme Judicial Court · 1889
3Cited by17 opinions
- Coppedge v. CoppedgeSupreme Court of North Carolina · 1951
- Maclean v. WilliamsSupreme Court of Georgia · 1902
- Kling v. SchnellbeckerSupreme Court of Iowa · 1899
- First Union National Bank v. MossCourt of Appeals of North Carolina · 1977
- Horlick v. SidleyWisconsin Supreme Court · 1942
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