McLeod v. . Jones
Supreme Court of North Carolina
Appeal from Ferguson, J., at September Term, 1911, of Moose. Civil action to obtain the construction of tlie last will and testament of Levi S. Warner, deceased, and assure the proper distribution of Ms estate.
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Appeal from Ferguson, J., at September Term, 1911, of Moose. Civil action to obtain the construction of tlie last will and testament of Levi S. Warner, deceased, and assure the proper distribution of Ms estate. It appeared that the testator made the will in question and died without wife or children, leaving some sisters and children of others surviving as his next of kin and heirs at law; that the action was instituted by the executor named in the will and for the purposes indicated and the persons above referred to, and the Home Mission Board of the Southern Baptist Convention and the…
1Opinion of the Court
Hoke, J.,
after stating the ease: Under our decisions, the facts in evidence present an instance of a latent ambiguity, requiring and permitting the reception of extrinsic evidence; not to alter or affect the construction, but to apply the description to the intended donee, as designated by the language appearing in the will. Keith v. Scales, 124 N. C., 597; Tilley, v. Ellis, 119 N. C., 235; Simmons v. Allison, 118 N. C., 765; Institute v. Norwood, 45 N. C., 66. And in such case and for such purpose, authority here and elsewhere is to the effect that the surrounding circumstances as well as…
2Cases cited11 opinions
- Runkle v. BurnhamSupreme Court of the United States · 1894
- Gilmer v. StoneSupreme Court of the United States · 1887
- St. James v. Bagley.Supreme Court of North Carolina · 1905
- Covert v. SebernSupreme Court of Iowa · 1887
- Holt v. HoltSupreme Court of North Carolina · 1894
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3Cited by12 opinions
- King v. RichardsonCourt of Appeals for the Fourth Circuit · 1943
- Eichhorn v. MoratCourt of Appeals of Kentucky · 1917
- Woodcock v. . Trust Co.Supreme Court of North Carolina · 1938
- Henrikson v. Swedish Baptist Mission SocietySupreme Court of Minnesota · 1925
- Redd v. TaylorSupreme Court of North Carolina · 1967
7 more not listed; retrieve them via the Exa API.