Legal Opinion · Dissent

Adcock v. Perry

Supreme Court of North Carolina

Decided May 4, 1982No. 133A81Published

1DissentJustice Mitchell

I respectfully dissent from the majority opinion for the reasons given by Chief Judge Morris in her opinion for a unanimous panel of the Court of Appeals. 52 N.C. App. 724, 279 S.E. 2d 871 (1981).

I have no quarrel with the rules of law set forth in the well-written opinion of the majority. Like the majority, I am fully aware that the most basic rule of testamentary construction is that the intent of the testator is the polar star that must guide the courts in the interpretation of a will. But where there is room for doubt as to the intent of the testator, both the legislature and our own…

2Cases cited3 opinions

  1. Clark v. ConnorSupreme Court of North Carolina · 1960
  2. Basnight v. DillSupreme Court of North Carolina · 1962
  3. Adcock v. PerryCourt of Appeals of North Carolina · 1981

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