In Re the Will of Cobb

The words next of kin have a well defined legal significance. Unless the terms of the instrument show a contrary intent, in the construction of deeds and wills next of kin means nearest of kin — the nearest blood relations of the person designated. Without more, the term does not permit a representation. McCain v. Womble, 265 N.C. 640, 144 S.E. 2d 857; Trust Co. v. Bass, 265 N.C. 218, 231, 143 S.E. 2d 689, 698. Testator’s brother, propounder A. J. Cobb, was his nearest blood kin at the time of his death. G.S. 29-5; G.S. 104 A-l. Therefore, if Item 3 of the will stands, he takes to the…