First Union National Bank of North Carolina v. Baker
First Union National Bank of North Carolina v. Baker
Opinion of the Court
We affirm the judgment of the superior court. In construing a will it is elementary that the intent of the testator is to be determined by examining the entire will in light of all the surrounding circumstances known to the testator and the intent is to be gathered from the four corners of the will. Wilson v. Church, 284 N.C. 284, 200 S.E. 2d 769 (1973) and McWirter v. Downs, 8 N.C. App. 50, 173 S.E. 2d 587 (1970). This case turns upon the meaning of the words “Cash, travelers checks, watches and jewelry in my possession.” The words are found in a section of the will which disposed of household and personal effects. It also refers to real property, but the deceased had no real property. All the other items disposed of by this section would be found on the premises of deceased or in his safety deposit box. We infer from this that the phrase “in my possession” referred to articles on his premises or in his safety deposit box. This would not include money in a bank or savings and loan association.
Appellant has cited several cases from other jurisdictions which interpret the words “cash” or “cash on hand” to include money on deposit with a bank. See In re Feist’s Will, 170 Misc. 497, 10 N.Y.S. 2d 506 (1939); Re Banfield’s Estate, 137 Or. 256, 3 P.
We hold that in this case Judge Lewis properly construed the will of Howard A. Marvill.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.