Pittman v. Thomas

MARTIN (Harry C.), Judge.

We begin with the basic proposition that in the construction of a will the court is required to give effect to the true intent of the testatrix so far as it can be ascertained from the whole instrument and from the conditions and circumstances attendant to its making, if such intent is consistent with the rules of law and does not contravene public policy. Y.W.C.A. v. Morgan, Attorney General 281 N.C. 485, 189 S.E. 2d 169 (1972); Kale v. Forrest, 278 N.C. 1, 178 S.E. 2d 622 (1971). However, the intent of a testatrix to make a testamentary disposition of her property…