Rhoads v. Hughes
This text of 80 S.E.2d 259 (Rhoads v. Hughes) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The jurisdiction of the courts may be invoked to construe a will when, and only when, the language used in the will is so uncertain, vague, ambiguous, or conflicting that it creates a doubt as to the true intent of the testator. If the devise is couched in language which is clear and has a recognized legal meaning, there is no room for construction. The applicable rule of law must control. Such is the case here. The feme plaintiff survived the testator. Manifestly, upon his death she became the owner of the locus in fee, subject to the preceding life estate devised to her mother.
The judgment entered in the court below is
Affirmed.
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Cite This Page — Counsel Stack
80 S.E.2d 259, 239 N.C. 534, 1954 N.C. LEXIS 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhoads-v-hughes-nc-1954.