Estate of Robert Wellford Lineweaver, Deceased, North Carolina Trust Company, Executor - Page 17

                                       - 17 -                                         
          contract is executed.  Bolton Corp. v. T.A. Loving Co., 317 N.C.            
          623, 628, 347 S.E.2d 369, 372 (1986); Bowles v. Bowles, supra.              
               Evidence of the parties' subsequent conduct is admissible;             
          if the language used in the contract gives rise to a doubtful               
          meaning, the parties are presumed to know best their intent.                
          Management Systems Associates v. McDonnell Douglas Corp., 762               
          F.2d 1161, 1171-1172 (4th Cir. 1985); Commercial Natl. Bank of              
          Charlotte v. Charlotte Supply Co., 226 N.C. 416, 432, 38 S.E.2d             
          503, 514 (1946) ("The conduct of the parties in dealing with the            
          contract indicating the manner in which they themselves construe            
          it is important, sometimes said to be controlling in its                    
          construction by the court.").  Where the meaning of a written               
          contract is unclear, parol evidence may be used to explain the              
          agreement of the parties, but it cannot be used to alter or                 
          contradict any of its provisions.  Jaftex Corp. v. Aetna Casualty           
          & Surety Co., 617 F.2d 1062, 1063 (4th Cir. 1980); Bost v. Bost,            
          234 N.C. 554, 558, 67 S.E.2d 745, 747 (1951).  "All parts of a              
          contract are to be given effect if possible.  It is presumed that           
          each part of the contract means something."  Bolton Corp. v. T.A.           
          Loving Co., 317 N.C. at 628, 347 S.E.2d at 372.                             
               The estate argues that decedent's conduct of including                 
          Kathleen in three wills, two of which were written after their              
          divorce, indicates that the spouses intended decedent's                     
          obligation to continue until after all the children reached 21              
          and Kathleen had remarried (hereinafter both conditions).  At the           




Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011