McWilliams v. . McWilliams

Supreme Court of North Carolina
McWilliams v. . McWilliams, 26 S.E.2d 901 (N.C. 1943)
223 N.C. 857; 1943 N.C. LEXIS 348
PER CURIAM.

McWilliams v. . McWilliams

Opinion of the Court

Per Curiam.

Tbe question presented by tbis appeal is whether a fund on deposit in a local bank passed under tbe will of Bettie McWil-liams, or was undevised property for distribution under tbe statute among her next of kin. An examination of tbe language in wbicb tbe will was expressed leads us to tbe conclusion that tbe residuary clause *858 was sufficiently broad to include the fund in question, and that it passed in accordance with the twentieth item of the will to the persons therein named, in the proportions designated. There are no facts in the record to overcome the presumption that the testatrix intended to dispose of her entire estate. Case v. Biberstein, 207 N. C., 514, 177 S. E., 802; Gordon v. Ehringhaus, 190 N. C., 147, 129 S. E., 187.

Judgment affirmed.

Reference

Full Case Name
Norman McWilliams v. Luther McWilliams, Archer McWilliams, J. B. McWilliams, Milton McWilliams, and Milton McWilliams and Retha Cofield, Executors of the Estate of Bettie McWilliams.
Cited By
2 cases
Status
Published