Ruffin v. . Ruffin
Supreme Court of North Carolina
This ivas a case submitted to Brown, J., at Chambers, upon a petition and agreement, as follotvs: “Your petitioner respectfully represents to the Court that he is desirous of a settlement of the estate of the said Pennie W. Ruffin, deceased, under the last will and testament, and prays that the Court will construe the said last will and testament, and in particular item two of said will, in so far as it relates to a bequest of personal property to John K. Ruffin, and item…
Read the full summary
This ivas a case submitted to Brown, J., at Chambers, upon a petition and agreement, as follotvs: “Your petitioner respectfully represents to the Court that he is desirous of a settlement of the estate of the said Pennie W. Ruffin, deceased, under the last will and testament, and prays that the Court will construe the said last will and testament, and in particular item two of said will, in so far as it relates to a bequest of personal property to John K. Ruffin, and item eleven of said will, in so far as it relates to a bequest of personal property to Mary Tart Ruffin — -whether under said…
1Opinion of the Court
Avejjy, J.:
The controlling object, in seeking the proper interpretation of wills, being to ascertain the intention of the testator, technical words are usually construed according to their legal signification, yet from a remote period even this rule has been modified by the Courts to meet the purpose of a testator gathered from the whole instrument, on the ground that he is supposed to be inops consilii, and incapable of expressing his wishes in apt legal terms. Where a word haring no known technical meaning, like “furniture,” is used as a-designation of property bequeathed, the testator’s…
2Cases cited3 opinions
- Bell's Administratrix v. GoldingIndiana Supreme Court · 1866
- Perkins v. . CaldwellSupreme Court of North Carolina · 1877
- Grant v. . NewsomSupreme Court of North Carolina · 1879
3Cited by8 opinions
- Utchen v. American Casualty Co. of Reading, Pa.Missouri Court of Appeals · 1962
- Hartberg v. American Founders Securities Co.Wisconsin Supreme Court · 1933
- Lawwill v. LawwillCourt of Appeals of Arizona · 1973
- Earle v. BarrettCourt of Appeals of Georgia · 1935
- Capehart v. . BurrusSupreme Court of North Carolina · 1898
3 more not listed; retrieve them via the Exa API.