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Crawford v. . Wearn
115 N.C. 540
N.C.
1894
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BURWELL, J., did not sit on the hearing of this case. After a careful examination of this case, we have arrived at the conclusion that the rule in Shelley's case does not apply, and that L. W. Crawford takes but a life estate in the property in question. Such seems the intention of the testator from the context of the will, and this intention, it is well settled, must prevail over technical language, when such language is qualified by superadded words. (542) We are also of the opinion that the power to "invest or use" all of the property, in view of other expressions in the will, authorizes *Page 371 a sale of the same by the life tenant, and on this ground the judgment is

Affirmed.

Cited: Hooker v. Montague, 123 N.C. 158; Foil v. Newsome, 138 N.C. 123;Powell v. Woodcock, 149 N.C. 240; Ripley v. Armstrong, 159 N.C. 159;Albright v. Albright, 172 N.C. 353.

Case Details

Case Name: Crawford v. . Wearn
Court Name: Supreme Court of North Carolina
Date Published: Sep 5, 1894
Citation: 115 N.C. 540
Court Abbreviation: N.C.
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