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NORTH CAROLINA NATIONAL BANK v. CARPENTER

No. 72.

187 S.E.2d 5 (1972)

280 N.C. 705

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

Supreme Court of North Carolina.

March 15, 1972.

Attorney(s) appearing for the Case

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

Boyle & Alexander by B. Irvin Boyle and R. C. Carmichael, Jr., Charlotte, for defendant appellee Claradell H. Matthews.

Blakeney, Alexander & Machen by Brown Hill Boswell, Charlotte, for plaintiff appellee.

HIGGINS, Justice.

The appellants contend that Items IV and V of the will are specific legacies contemplating the gift of stock according to conditions at the time the will was executed rather than at the time of the testator's death. They claim that all accretions resulting from the stock split should go to the legatees. As authority they cite a number of cases, among them decisions of this Court in Smith v. Smith, 192 N.C. 687, 135 S.E. 855; Shepard v. Bryan, 195...

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