In re Wolfe’s Will
North Carolina Supreme Court
185 N.C. 563, 117 S.E. 804 (1923)
- Written by Paul Neel, JD
Facts
The testator made two wills. The second will did not expressly revoke the first will but disposed of all of the testator’s effects. Beneficiaries of the first will (plaintiffs) argued that the second will’s reference to “all my effects” referred to personal property alone so that both wills could be read consistently with one another as a single testamentary plan. Beneficiaries of the second will (defendants) argued that the second will’s reference to “all my effects” referred to personal and real property, which made the wills inconsistent with each other and meant that the second will impliedly revoked the first will. The trial court ruled for the beneficiaries of the second will as a matter of law. The beneficiaries of the first will appealed.
Rule of Law
Issue
Holding and Reasoning (Adams, J.)
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