Clarke v. Clarke

“A limitation by . . . will ... to the heirs of a living person, shall be construed to be to the children of such person, ■unless a contrary intention appear by the . . . will.” G.S. 41-6. (Emphasis added.) In paragraphs 4 and 5 of the will of Maggie M. Clarke provision is made for the college education of the “heirs” of testatrix’s sons, Norman and Rudolph. These sons were living at the time of the execution of the will and survived the testatrix. There is nothing in the will which indicates that testatrix intended to use the word “heirs” in its technical sense. Indeed a contrary intent is…