Whitfield v. . Douglas
Supreme Court of North Carolina
Oxvtl ACTION, beard on ease agreed before Stacy, J., bolding courts ■of tbe Sixth Judicial District in November, 1917, from Lenoik.
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Oxvtl ACTION, beard on ease agreed before Stacy, J., bolding courts ■of tbe Sixth Judicial District in November, 1917, from Lenoik. On tbe bearing it appeared tbat prior to September, 1896, Bettie G. 'Whitfield died leaving a last will and testament, wbicb has been duly admitted to probate, and tbe portion of said will material and relevant to tbis controversy is as follows: “I give and devise to my children, William Cobb Whitfield, Annie W. ■Outlaw, Sallie E. Whitfield, Bettie Whitfield, James Eichard Whitfield,' Harriet Lucy Whitfield, all my real estate, to have and to hold to them and…
1Opinion of the CourtHoke, J.
“Subject to the position that the intent and purpose of the. testator as expressed in his will shall always prevail, except when the-same is in violation of law, it is a recognized rule with us, when the-will is sufficiently ambiguous to permit of construction, the Courts should lean to that interpretation which favors the early vesting of estates, and that the first taker of an estate by will is ordinarily to be considered as the primary object of the testator’s bounty.” Citizens Bank v. Murray, at the present term; Bank v. Johnston, 168 N. C., 304; Dunn v. Hines, 164 N. C., 113.
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2Cases cited12 opinions
- Whitfield v. Garris.Supreme Court of North Carolina · 1903
- Buchanan v. . BuchananSupreme Court of North Carolina · 1888
- Rees v. . WilliamsSupreme Court of North Carolina · 1914
- Smith v. Ellington-Guy Lumber Co.Supreme Court of North Carolina · 1911
- Dunn v. . HinesSupreme Court of North Carolina · 1913
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3Cited by7 opinions
- Elmore v. AustinSupreme Court of North Carolina · 1950
- Thompson v. . HumphreySupreme Court of North Carolina · 1919
- Goode v. . HearneSupreme Court of North Carolina · 1920
- House v. HouseSupreme Court of North Carolina · 1949
- Westfeldt v. . ReynoldsSupreme Court of North Carolina · 1926
2 more not listed; retrieve them via the Exa API.