Brown v. Brown

In Brown v. Brown, 195 N.C. 315, 142 S.E. 4 (1928), the testator's original will explicitly stated that his two sons were not to take any property under the will as they had been "amply provided for" by advancements during the testator's lifetime. Id. at 318, 142 S.E. at 5. The testator later executed a codicil that included a residuary clause which left the remainder of the testator's estate to his "heirs at law," which happened to include the two sons. Id. at 319, 142 S.E. at 6. The Supreme Court held that the residuary clause in the codicil did not supercede the language of the original will, and that the sons took nothing under the will. Id. "If anything more was intended to be given the sons under the codicil, the testator could have so said." Id. at 320, 142 S.E. at 6.