Gaston County United Dry Forces, Inc. v. Wilkins

Devin, J.,

after stating the case: The question presented for decision is whether the bequest of “$1,000 to any organization which may be organized for the purpose of enforcing the prohibition laws in Gaston County” is capable of adjudication as a valid testamentary disposition, entitling the plaintiff to recover the legacy.

A will speaks from the death of the testator. At the time of the death of E. G. McLurd there was in existence no organization or entity answering the description in the bequest capable of taking. While the bequest seemed to contemplate an organization to be thereafter…