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← 307 N.C. 485 - Pittman v. Thomas

Pittman v. Thomas’s Empirical Analysis

1983

Citation profile

32
cited by 32 later decisions
1
states following
April 2019
most recently cited

28 state decisions

How this case has been cited

Cited by 32 later decisions — most recently April 2019 · most notably 156 N.C. App. 343 - Finch v. Wachovia Bank & Trust Co., NA (2003), 164 N.C. App. 588 - Woodring v. Woodring (2004)

28 state decisions

1201983199020002010decided

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 AND TRUST COMPANY v. Wolfe · Cannon v. . Cannon · Clark v. Connor · Morris v. Morris · Wilson v. FIRST PRESBYTERIAN CHURCH, REIDSVILLE, NC

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 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “'the intention of the testator is the polar star which is to guide in the interpretation of all wills, and, when ascertained, effect will be given to it unless it violates some rule of law, or is contrary to public policy.'”
    3 later decisions quote this exact passage
  2. ““that the intention of the testator is the polar star which is to guide in the interpretation of all wills, and, when ascertained, effect will be given to it unless it violates some rule of law, or is contrary to public policy.” Clark v. Connor, 253 N.C. 515, 520 , 117 S.E.2d 465, 468 (1960). Pittman v. Thomas, 307 N.C. 485 , 299 S.E.2d 207 (1983), stated the well established rule: “The will must be construed, ‘taking it by its four comers’ and according to the intent of the testator as we conceive it to be upon the face thereof and according to the circumstances attendant.” Patterson v. McCormick, 181 N.C. 311, 313 , 107 S.E. 12 (1921). In referring to the “circumstances attendant” we mean “the relationships between the testator and the beneficiaries named in the will, and the condition, nature and extent of [the testator’s] property.” Trust Co. v. Wolfe, 243 N.C. 469, 473 , 91 S.E.2d 246, 250 (1956).”
    1 later decision quote this exact passage
  3. “Isolated clauses or sentences are not to be considered by themselves, but the will is to be considered as a whole, and its differ ent clauses and provisions examined and compared, so as to ascertain the general plan and purpose of the testator, if there be one. Ordinarily nothing is to be added to or taken from the language used, and every clause and every word must be given effect if possible. Generally, ordinary words are to be given their usual and ordinary meaning, and technical words are presumed to have been used in a technical sense. If words and phrases are used which have a well- defined legal significance, established by a line of judicial decisions, they will be presumed to have been used in that sense, in the absence of evidence of a contrary intent.”
    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.