[DOWNLOAD] "Clarke v. Clarke" by Supreme Court of North Carolina No. 166 # eBook PDF Kindle ePub Free

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eBook details

• Title: Clarke v. Clarke
• Author : Supreme Court of North Carolina No. 166
• Release Date : January 12, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

A limitation by . . . will . . . to the heirs of a living person, shall be construed to be to the children of such person, unless a contrary intention appear by the . . . will."" G.S. 41-6. (Emphasis added.) In paragraphs 4 and 5 of the will of Maggie M. Clarke provision is made for the college education of the ""heirs"" of testatrix's sons, Norman and Rudolph. These sons were living at the time of the execution of the will and survived the testatrix. There is nothing in the will which indicates that testatrix intended to use the word ""heirs"" in its technical sense. Indeed a contrary intent is shown. It is provided in paragraph 7 that Norman and Rudolph are to share in the residue of the bonds after termination of the trust. Therefore testatrix contemplated that they might outlive the trust. Obviously she did not intend by the word ""heirs"" to designate beneficiaries of the trust as of the date of the deaths of Norman and Rudolph. Our construction is that the word ""heirs,"" as used in paragraphs 4 and 5, means ""children."" Lide v. Mears, 231 N.C. 111, 56 S.E.2d 404.

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