ELMORE v. AUSTIN

No. 453.

59 S.E.2d 205 (1950)

232 N.C. 13

ELMORE et al. v. AUSTIN et al.

Supreme Court of North Carolina.

May 3, 1950.


Attorney(s) appearing for the Case

William Joslin, Raleigh, for the plaintiffs.

Martin R. Peterson for Martin R. Peterson, guardian ad litem.

Brassfield & Maupin, Raleigh, for the defendants Louise P. Austin, Isabell A. Armstrong, and Edward U. Austin.


ERVIN, Justice.

The appeal of the plaintiffs challenges the validity of the declarations of the judgment in respect to the devises to the plaintiff, Lucy P. Elmore, under the third and seventh items of the will.

In construing a will, the court seeks to ascertain and carry into effect the expressed intention of the testator, i e., the intention which the will itself, either explicitly or implicitly, declares. Smyth v. McKissick, 222 N.C. 644, 24 S.E.2d 621...

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