COFFIELD v. PEELE

No. 27.

100 S.E.2d 45 (1957)

246 N.C. 661

Emma COFFIELD, Essie Coffield and husband, Charlie Coffield, v. Noah PEELE, and wife, Lizzie Peele, Mattie Ruffin, Edward S. Peele and wife, Farrow Peele, Lizzie Ruffin and husband, Roosevelt Ruffin, Roosevelt Peele and wife, Lou Emma Peele, Edward S. Peele, Executor of the Edward Peele Estate, Henry Peele and wife, Carrie Mae Peele, Viola Hudgins and husband, (Buck) Willie Hudgins, Juliana White and husband, Joseph White, Mamie Barnes and husband, Ernest Barnes, L. B. Peele and wife, Louvenia Peele, Percy Peele and wife, Isolene Peele, Henry Peele and wife, Louise Peele, Louise White and husband, Avine White, Maggie Taylor and husband, Shelby Taylor, Lealer Barclift and husband, Curtis Barclift, O'Neal Fields and husband, Roscoe Fields, Floyd Eugene Peele and wife, Lorainne Peele, Edward S. Peele, Jr., Howard Earl Peele, Elver Lois Peele, Lossie Mae Peele, Julius M. Peele, James S. Peele, Bernice (Bonnie) Peele, Learma Peele, Herbert Peele and wife, Vonzella Peele, Fannie Mae Smith and husband, Willie A. Smith, Roosevelt Ruffin, Jr., and wife, Blanche Ruffin, Martha Thompson and husband, Willie Thompson, Esther Ruffin, Ethel Ruffin, William Ruffin and wife, Margaret Ruffin, Vivian Lou Powell and husband, Paul Powell, Christopher Ruffin and wife, Mrs. Christopher Ruffin, Marie Ruffin, Jan Ruffin, John Ruffin, James Ruffin, Harold Ruffin, James Earl Peele and wife, Minnie Askew Peele, Wilbert Lee Peele, Robert Peele, Agnes Barfield, Nola Hayes Coffield, Clarence Coffield and wife, Retha Mae Coffield, Willie Beatrice Coffield, John D. Coffield, Essie V. Coffield, Alice Coffield, and H. O. Peele, Guardian ad litem.

Supreme Court of North Carolina.

October 9, 1957.


Attorney(s) appearing for the Case

Charles H. Manning, Hugh M. Martin, Peel & Peel and Clarence W. Griffin, Williamston, for petitioners, appellees.

Critcher & Gurganus for Herbert O. Peele, Williamston, Guardian Ad Litem for minor respondents, appellants.


PARKER, Justice.

This appeal presents for decision the construction of Item 2 of the Will of Edward Peele.

Every will, in a sense, is unique. The same words, or those nearly similar, used under different circumstances and contexts may express different intentions, and for that reason decisions in previous cases are rarely helpful, except as they state the application of certain rules of construction, or certain broad canons of interpretation, which have become...

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