Hunt v. . Jones
Supreme Court of North Carolina
Civil actiojst, tried by consent by Gox, Jat Chambers, 21 April,' 1917; from Chatham. This is an action to determine the title to a tract of land. W. A. Marcom was formerly the owner of the lands in question.
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Civil actiojst, tried by consent by Gox, Jat Chambers, 21 April,' 1917; from Chatham. This is an action to determine the title to a tract of land. W. A. Marcom was formerly the owner of the lands in question. He died leaving a will which was duly probated on 27 September, 1895, a copy of which is as follows: I, W. A. Marcom, of sound mind and memory, blessed be God, and considering the uncertainty of life and the certainty of death, do make* and declare this to be my last will and testament in manner and form, following, to wit: Item First: I give and bequeath to my two daughters, Fidellia…
1Opinion of the CourtAlleN, J.
The decision of the controversy depends on the construction of the fourth item of the will of W. A." Marcom, and if this stood alone it would not be free from difficulty because of the use of “bodily heirs” twice in the same item. We must, however, look at the whole will and not at detached portions, as “The primary purpose is to ascertain the intention of the testator from the language used by him, taking the will as a whole, and not separate parts of it.” Taylor v. Brown, 165 N. C., 161.
Again: “The first taker in a will is presumably the favorite of the testator, Rowalt v. Ulrich, 23 Pa.,…
2Cases cited7 opinions
- Hilliard v. . KearneySupreme Court of North Carolina · 1853
- Dunn v. . HinesSupreme Court of North Carolina · 1913
- Lassiter v. . Wood .Supreme Court of North Carolina · 1869
- Galloway v. . CarterSupreme Court of North Carolina · 1888
- Barbara Alexander v. . Peter A. SummeySupreme Court of North Carolina · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Finke v. First-Citizens Bank & Trust Co.Supreme Court of North Carolina · 1958