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PITTMAN v. THOMAS

No. 817SC1131.

293 S.E.2d 695 (1982)

Mary T. PITTMAN and T. P. Thomas, Jr. v. James Miller THOMAS, individually and as Executor of the Will of Catharine Miller Thomas, Deceased, Sarah Anne Thomas (Rowlett), Doris Elizabeth Thomas Taylor, Mary Lucile Pittman, Walter James Pittman, Jr., Lucile West Abitt Bond, Catharine Lucile Thomas Gossam, and Carole Ann Thomas, a minor.

Court of Appeals of North Carolina.

July 20, 1982.

Attorney(s) appearing for the Case

Rose, Jones, Rand & Orcutt by Z. Hardy Rose and William R. Rand, Wilson, for plaintiffs-appellees.

Tharrington, Smith & Hargrove by Wade M. Smith and Steven L. Evans, Raleigh, for defendant-appellant James Miller Thomas.

George A. Weaver, Wilson, Guardian ad Litem, for defendant-appellant Carole Ann Thomas.

HARRY C. MARTIN, Judge.

We begin with the basic proposition that in the construction of a will the court is required to give effect to the true intent of the testatrix so far as it can be ascertained from the whole instrument and from the conditions and circumstances attendant to its making, if such intent is consistent with the rules of law and does not contravene public policy. Y.W.C.A. v. Morgan, Attorney General, 281 N.C. 485

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