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Keywords

plaintiffdefendanttrialverdictwillpartition action

defendantappealtrialverdictwill

Related Cases

Fulwood v. Fulwood, 161 N.C. 601, 77 S.E. 763

Facts

The case arose from a partition action involving five tracts of land inherited by the heirs of Benjamin Fulwood. Benjamin Fulwood acquired a 200-acre tract in 1875 and additional tracts in 1881 and 1882. He left a will that devised 'the homestead tract of land' to his son, James B. Fulwood, subject to the life estate of his widow. The plaintiffs contended that 'the homestead tract' referred only to the 200-acre tract, while the defendant argued it included the adjoining tracts as well. The plaintiffs and defendant were also tenants in common of the fourth and fifth tracts.

It was admitted at the trial that the said Fulwood acquired a 200–acre tract of land in 1875, which is not embraced in this proceeding; that he acquired the first and second tracts described in the petition in 1881, and the third tract in said petition in 1882, and the fourth and fifth tracts at some other time.

Issue

The main legal issue was the interpretation of the term 'homestead tract' in Benjamin Fulwood's will and whether it included only the 200-acre tract or additional adjoining tracts.

The description of the land devised to the defendant as 'the homestead tract,' presented the case of a latent ambiguity, as it was uncertain what land was intended to be included under that designation.

Rule

The court recognized that the description of the land devised presented a latent ambiguity, allowing for the introduction of extrinsic evidence to clarify the testator's intent regarding the land included in the 'homestead tract.'

It was then permissible to introduce extrinsic evidence to fit the description, and for that purpose the declarations of the testator at the time of making the will and at other times, and his manner of dealing with the land, as by listing for taxation as one tract, were competent evidence.

Analysis

The court applied the rule regarding latent ambiguity by allowing extrinsic evidence to determine the intent of the testator. The evidence included the declarations of Benjamin Fulwood at the time of making the will and his manner of dealing with the land. The jury found that the evidence supported the defendant's interpretation of the will, leading to the conclusion that the homestead tract included the 200-acre tract and the first, second, and third tracts.

The whole controversy was one of fact, which has been determined by a jury, and we find no error upon the trial.

Conclusion

The court affirmed the jury's verdict in favor of the defendant, concluding that there was no error in the trial proceedings.

No error.

Who won?

The defendant, James B. Fulwood, prevailed in the case because the jury found that the evidence supported his interpretation of the will, which included the additional tracts as part of the homestead.

There was a verdict in favor of the defendant, and the petitioners appealed from the judgment rendered thereon.

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