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NORTH CAROLINA NATIONAL BANK v. CARPENTER

No. 7126SC365.

182 S.E.2d 3 (1971)

12 N.C. App. 19

NORTH CAROLINA NATIONAL BANK, Executor, u/w John T. Matthews, Deceased, v. O. B. CARPENTER et al.

Court of Appeals of North Carolina.

Certiorari Allowed September 7, 1971.

Attorney(s) appearing for the Case

Blakeney, Alexander & Machen, by Brown Hill Boswell, Charlotte, for North Carolina National Bank, Executor, plaintiff appellee.

R. C. Carmichal, Jr., Charlotte, for Claradell H. Matthews, defendant appellee.

Wardlow, Knox, Caudle & Wade, by Lloyd C. Caudle and C. Ralph Kinsey, Jr., Charlotte, for O. B. Carpenter and W. F. Thomason, defendant appellants.

Certiorari Allowed by Supreme Court September 7, 1971.

HEDRICK, Judge.

Appellants' contention that a specific bequest of shares of common stock carry with it accretions to said shares resulting from a stock split and a stock dividend occurring subsequent to the execution of testator's will and prior to his death is untenable. G.S. § 31-41 provides:

"Every will shall be construed, with reference to the real and personal estate comprised therein...

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