WACHOVIA BANK AND TRUST COMPANY v. WOLFE

No. 532.

91 S.E.2d 246 (1956)

243 N.C. 469

WACHOVIA BANK AND TRUST COMPANY As Executor Under the Will of Addie Hereford Upton v. Camille H. WOLFE, and The American National Red Cross.

Supreme Court of North Carolina.

February 3, 1956.


Attorney(s) appearing for the Case

Craige & Craige, Clarence Kluttz and Lewis P. Hamlin, Jr., Salisbury, for defendant Wolfe, appellant.

Woodson & Woodson, Salisbury, for defendant American National Red Cross, appellee.


BOBBITT, Justice.

Did the testatrix use the words "personal property" to denote everything she owned except real property? Defendant Wolfe says, "Yes." Defendant Red Cross says, "No," contending that when used in the clause, "I leave my furniture, household effects and personal property," the "personal property" in mind was ejusdem generis, that is, tangible articles of household and personal use.

The court, based solely on the will itself and the admissions...

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