Citizens Bank v. Murray
Supreme Court of North Carolina
Civil actiok to obtain construction of a will, beard before Lane, J., ■at April Term, 1917, of Buitcombe. On tbe bearing it was made to appear tbat George A. Murray bad ■died resident in said county, leaving a last will and testament composed of an original and two codicils thereto, disposing of a large estate consisting of real and personal property, chiefly tbe latter, and appointing plaintiff bank executor.
Read the full summary
Civil actiok to obtain construction of a will, beard before Lane, J., ■at April Term, 1917, of Buitcombe. On tbe bearing it was made to appear tbat George A. Murray bad ■died resident in said county, leaving a last will and testament composed of an original and two codicils thereto, disposing of a large estate consisting of real and personal property, chiefly tbe latter, and appointing plaintiff bank executor. Certain controversies having arisen as to tbe meaning of •said will and codicils, tbe present proceedings were instituted to obtain an authoritative construction of same, all of tbe…
1Opinion of the Court
HoKE, J,
after stating the case: From the facts stated in the record and on the argument, it appears that all matters of controversy growing out of the will of the testator have been satisfactorily adjusted except the one question whether, under the codicil and the facts and circumstances properly relevant to its construction, the estate of W. H. Murray became absolute on his marriage and the birth of issue of the marriage, which issue is still living.
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…
2Cases cited7 opinions
- Buchanan v. . BuchananSupreme Court of North Carolina · 1888
- Dunn v. . HinesSupreme Court of North Carolina · 1913
- Galloway v. . CarterSupreme Court of North Carolina · 1888
- Blinn v. GillettIllinois Supreme Court · 1904
- Savings Bank & Trust Co. v. JohnsonSupreme Court of North Carolina · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- House v. HouseSupreme Court of North Carolina · 1949
- Wachovia Bank & Trust Co. v. MillerSupreme Court of North Carolina · 1943
- Westfeldt v. . ReynoldsSupreme Court of North Carolina · 1926
- American Yarn & Processing Co. v. DewstoeSupreme Court of North Carolina · 1926
- Weill v. . WeillSupreme Court of North Carolina · 1938
7 more not listed; retrieve them via the Exa API.