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WACHOVIA BANK & TRUST CO. v. GREEN

No. 102.

78 S.E.2d 174 (1953)

238 N.C. 339

WACHOVIA BANK & TRUST CO. et al. v. GREEN et al.

Supreme Court of North Carolina.

October 14, 1953.

Attorney(s) appearing for the Case

Wright & Shuford, Asheville, for petitioner.

Williams & Williams, Asheville, for appellants Ottis Green, Jr., and Virginia F. Green, guardian ad litem of Laura Adelaide Green, Mary Virginia Green and Michael Joseph Green.

Hudgins & Adams, Greensboro, and Ward & Bennett, Asheville, for appellees Aileen Morel Johnston and John Devereaux Johnston, guardian ad litem for John Devereaux Johnston, Jr.

John C. Cheesborough, Asheville, attorney and guardian ad litem for all persons not now in esse.

DENNY, Justice.

The appellants present the following questions for our consideration: (1) In the interpretation of the testator's will, do the words "in the event any child or children shall hereafter be born to either my said niece or my said nephew" exclude the adopted children of Ottis Green, Jr. as a matter of law, or should the intent of the testator be ascertained through extrinsic evidence? (2) Under the facts and circumstances disclosed by this record, did...

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