WACHOVIA BANK & TRUST CO. v. GREEN

No. 91.

80 S.E.2d 771 (1954)

239 N.C. 612

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

Supreme Court of North Carolina.

March 17, 1954.


Attorney(s) appearing for the Case

Williams & Williams, Asheville, for appellant Virginia F. Green, guardian ad litem of Laura Adelaide Green, Mary Virginia Green and Michael Joseph Green, minors.

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

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


DENNY, Justice.

The appellant seriously contends that in order to ascertain whether the testator intended to include the adopted children of Ottis Green, Jr. and his wife, Virginia F. Green, as ultimate beneficiaries under paragraph 4, Item X of his will the trial court should have permitted her to introduce evidence bearing upon such intention.

The record discloses that the court below, upon a consideration of the allegations in the complaint and the answers...

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