Joyner v. Duncan’s Empirical Analysis
1980
Citation profile
26 state decisions
How this case has been cited
Cited by 29 later decisions — most recently September 2010 · most notably Adcock v. Perry (1982), 88 N.C. App. 101 - Brinkley v. Day (1987)
26 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Wachovia Bank & Trust Co. v. Schneider · WACHOVIA BANK AND TRUST COMPANY v. Wolfe · Elmore v. Austin · Morris v. Morris · Chas. W. Priddy & Co. v. Sanderford
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is the duty of the Court to construe the provisions in a will so as to discover the intent of the testator and to give effect to it if it is not in contravention of some established rule of law or public policy. Such intention is to be determined by an examination of the will, in its entirety, and in light of all surrounding facts and circumstances known to testator. Where there is ambiguity or uncertainty the Court is to take into consideration the established rules for construction of a will. Effect must be given to each clause, phrase and word, if a reasonable construction of the will so permits. Each string should give its sound. The intent of the testator is determined from the entire instrument so as to harmonize, if possible, provisions which would otherwise be inconsistent. A phrase should not be given a significance which clearly conflicts with the evident intent of the testator as gathered from the four corners of the will and the Court will adopt that construction which will uphold the will in all its parts if such course is consistent with established rules of law and the intention of the testator. However, where provisions are irreconcilably in conflict, then the last expression of intent will ordinarily prevail. Apparent conflicts will be reconciled, if possible to do so consistent with testator’s intent, and irreconcilable provisions will be resolved by giving effect to the general prevailing purpose of the testator.”
1 later decision quote this exact passage“Due to our holdings ... application of the wait and see doctrine is not necessary to the decision of this case. Therefore, we will have to wait and see in future decisions of this Court, what application, if any, this doctrine will have in North Carolina.”
1 later decision quote this exact passage“[n]o devise or grant of a future interest in property is valid unless the title thereto must vest in interest, if at all, not later than twenty-one years, plus the period of gestation, after some life or lives in being at the creation of the interest.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.