Westfeldt v. Reynolds

In Westfeldt v. Reynolds, 191 N.C. 802, 805, 133 S.E. 168, 170 (1926), the Supreme Court of North Carolina examined a will composed of three writings, each executed at a different time. Id. at 803, 133 S.E. at 169. Although one of the earlier documents provided for a specific devise of property, a later document purported to devise all of the testator's property in a different manner. Id. In upholding the validity of the earlier devise, our Supreme Court held: Where a general disposition of the whole of the testator's property is preceded by specific devise of only a small part, it is held that the former must be understood as impliedly subject to the latter, and the property conveyed by the special devise will pass thereunder rather than under the universal disposition. Id. at 805, 133 S.E. at 170.