CITIZENS NAT. BANK v. GRANDFATHER HOME FOR CHILD.

No. 98.

185 S.E.2d 836 (1972)

280 N.C. 354

CITIZENS NATIONAL BANK, CONCORD, North Carolina, and John A. Cunningham, Trustees under the Will of Joseph F. Cannon (Jr.) v. GRANDFATHER HOME FOR CHILDREN, INCORPORATED et al.

Supreme Court of North Carolina.

January 28, 1972.


Attorney(s) appearing for the Case

Carson & Reynolds, Charlotte, for Grandfather Home for Children, Inc.

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston, Charlotte, for Observer Fresh Air Camp, Inc.

Henry W. Underhill, Jr., and W. A. Watts, Charlotte, for City of Charlotte.

B. Irvin Boyle, Charlotte, Guardian ad Litem.

Williams, Willeford & Boger and Clyde L. Propst, Jr., Concord, for Citizens National Bank and John A. Cunningham, Trustee.


LAKE, Justice.

It is elementary that it is the duty of the court to construe provisions of a will so as to discover the intent of the testator and to give effect to that intent if it is not in contravention of some established rule of law or public policy. Such intention is to be determined by an examination of the will, in its entirety, in the light of all surrounding facts and circumstances known to the testator. Wachovia Bank & Trust Co. v. Dodson, ...

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