North Carolina National Bank v. Apple

LEWIS, Judge.

In construing wills there is a general presumption against intestacy. McKinney v. Mosteller, 85 N.C. App. 429, 365 S.E.2d 612 (1987), rev’d on other grounds, 321 N.C. 730, 365 S.E.2d 612 (1988). A residuary clause in a will should be construed so as to prevent intestacy as to any part of the testator’s estate, unless there is an apparent intent to the contrary. Id. Citing Faison v. Middleton, 171 N.C. 170, 88 S.E. 141 (1916). The court has a duty to render a will operative and to give effect to testator’s intent if reasonable interpretation can be given which is not in…