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WACHOVIA BANK AND TRUST COMPANY v. BRYANT

No. 599.

128 S.E.2d 758 (1963)

258 N.C. 482

WACHOVIA BANK AND TRUST COMPANY, Trustee Under the Will of W. C. Beavans, v. W. R. BRYANT, Ancillary Administrator d.b.n. of J. Russell Beavans, Raymond T. Beavans, Walter Andrew Beavans, Elizabeth Beavans Sheppard, Eugene Beavans, W. Cary Beavans, Annette Beavans Hardison, John D. Beavans, Samuel C. Beavans and Walter Travis, Guardian ad litem for other heirs of W. C. Beavans in posse or in esse, and any other person claiming interest in the property or estate of W. C. Beavans, and W. B. Voliva, Assignee.

Supreme Court of North Carolina.

January 11, 1963.

Attorney(s) appearing for the Case

Roberson, Haworth & Reese, High Point, for plaintiff appellee.

Branch & Hux, Enfield, for Samuel C. Beavans, John D. Beavans, Mrs. Annette Beavans Hardison, W. Cary Beavans, Eugene Beavans, and Mrs. Elizabeth Beavans Sheppard, defendant appellants.

John A. Wilkinson, Washington, for W. B. Voliva, defendant appellee.

SHARP, Justice.

The basic rule of construction, and the refrain of every opinion which seeks to comprehend a testamentary plan, is that "[t]he intent of the testator is the polar star that must guide the courts in the interpretation of a will." Coppedge v. Coppedge, 234 N.C. 173, 66 S.E.2d 777. Courts have had considerable difficulty in determining whether a testator meant his beneficiaries to take...

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