Legal Opinion

Francks v. . Whitaker

Supreme Court of North Carolina

Decided February 5, 1895PublishedCited by 25 opinions

Civil ACTION, beard before Brown, J., at Eall Term, 1894, of JoNes Superior Court, on complaint and answer. The action was brought by the plaintiff against the defendants to declare certain deeds made to his children by the defendants a cloud upon plaintiff’s title and to have them cancelled, and himself, the plaintiff, adjudged to be the owner of the lands described in the complaint.

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Civil ACTION, beard before Brown, J., at Eall Term, 1894, of JoNes Superior Court, on complaint and answer. The action was brought by the plaintiff against the defendants to declare certain deeds made to his children by the defendants a cloud upon plaintiff’s title and to have them cancelled, and himself, the plaintiff, adjudged to be the owner of the lands described in the complaint. His Honor being of the opinion that the plaintiff acquired no title to the land under the clause of the will of his mother referred to in the complaint, dismissed the action and plaintiff appealed. The material…

1Opinion of the Court

MONTGOMERY, J.:

The Courts in interpreting wills, mate it their first duty to find out and give effect to the intention of the testator* Even where a testator makes use of technical, legal phrases and expressions which have, in law, a fixed and definite legal meaning, yet if he so explain and qualify their use as to show an intention different from the meaning which the law puts upon the technical words, the will must receive that construction which the testator intended. “So, as the predominant and controlling purpose of the testator must prevail when ascertained from the general provisions…

2Cases cited1 opinion

  1. Rollins v. . KeelSupreme Court of North Carolina · 1894

3Cited by25 opinions

  1. Heyer v. BulluckSupreme Court of North Carolina · 1936
  2. Heyer v. . BulluckSupreme Court of North Carolina · 1936
  3. Puckett v. . MorganSupreme Court of North Carolina · 1912
  4. Reid v. . NealSupreme Court of North Carolina · 1921
  5. McIver v. . McKinneySupreme Court of North Carolina · 1922

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