First Union National Bank v. Moss

CLARK, Judge.

This appeal raises the following issue: Did Helen R. Moss in her will, by devising the remainder of her estate “including any property or estate over which I have or may have any power of appointment,” effectively execute the power of appointment given to her by her husband, Cecil Paul Moss, in his will, which required that she “appoint and direct in an effective will or codicil specifically referring to the power of appointment”?

The cardinal rule in interpreting and construing a will, followed in countless North Carolina cases since Blount v. Johnston, 5 N.C. 36 (1804), is that…