MORRIS v. MORRIS

No. 529.

98 S.E.2d 298 (1957)

246 N.C. 314

Phyllis Lee MORRIS, Individually and as Administratrix with the Will Annexed of Richard Morris, v. Richard Lee MORRIS.

Supreme Court of North Carolina.

May 22, 1957.


Attorney(s) appearing for the Case

J. Harvey Luck, Asheboro, Guardian ad litem for Richard Lee Morris, defendant, appellant.

Archie L. Smith, Hammond & Walker, by L. T. Hammond, Asheboro, for plaintiff, appellee.


HIGGINS, Justice.

The courts approach with apprehension and misgivings the task of construing wills—of saying what one now deceased meant by the words he used during his lifetime in the disposition of his property to take effect at his death. Holograph wills especially are like the men who make them—individual. Two wills of exactly the same wording may be differently construed by reason of the different circumstances surrounding the testator at the time...

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