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JOHNSON v. JOHNSON

No. 7911SC732.

264 S.E.2d 911 (1980)

Johnnie Lance JOHNSON, Eddie Ray Johnson, and Edsel W. Johnson, Individually, and as Executors of The Last Will and Testament of Ila J. Barefoot, Deceased v. Joe Ben JOHNSON.

Court of Appeals of North Carolina.

April 15, 1980.

Attorney(s) appearing for the Case

L. Austin Stevens, Smithfield, and Grady & Shaw by Philip C. Shaw, Four Oaks, for plaintiffs-appellees.

Yeargan & Mitchiner by Joseph H. Mitchiner, Raleigh, for defendant-appellant.

ARNOLD, Judge.

The intention of the testator as gathered from the four corners of his will controls the interpretation and construction of the will by the court. This cardinal principle of law has guided our courts since it was laid down in Blount v. Johnston, 5 N.C. 36 (1804). As so aptly stated by Chief Justice Stacy in the leading case of Richardson v. Cheek, 212 N.C. 510, 511, 193 S.E. 705, 706 (1937):

The guiding star in the interpretation...

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