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WACHOVIA BANK & TRUST COMPANY v. DODSON

No. 377.

131 S.E.2d 875 (1963)

260 N.C. 22

WACHOVIA BANK & TRUST COMPANY, Executor of Hattie L. Pepper, v. Nannie E. DODSON, Executrix of Lizzie Pepper (Mrs. J. C.) Dodson et al.

Supreme Court of North Carolina.

July 19, 1963.

Attorney(s) appearing for the Case

William Joslin, Raleigh, for defendant appellant, Alton Donnie Douglas, Ancillary Executor of Estate of Mrs. A. P. Douglas.

Deal, Hutchins & Minor, by Edwin T. Pullen, Winston-Salem, for defendant appellees, Louise Pepper McClung, Executrix of T. R. Pepper, Louise Pepper McClung, Francis D. Pepper, Hiero L. Taylor, Betty T. Webb, and Mallie D. Pepper, Executrix of Thomas Otto Pepper.

Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, by Robert G. Stockton and R. C. Vaughn, Jr., Winston-Salem, for defendant appellees, Nannie E. Dodson, Executrix of Lizzie Pepper (Mrs. J. C.) Dodson and Nannie E. Dodson.

PARKER, Justice.

Defendant appellant assigns as error that the court erred in adjudging that the legacies bequeathed by Item Fourth of the will and by Item First of the codicil thereto are specific legacies, and carried with them all accretions resulting from stock splits after the death of the testatrix, and that the legatees named in these instruments became vested of the stock bequeathed them upon the death of the testatrix but with the enjoyment of said stock...

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