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PEOPLES BANK & TRUST CO. v. SHEARIN

No. 757SC489.

219 S.E.2d 299 (1975)

27 N.C. App. 358

PEOPLES BANK & TRUST COMPANY, Executor and Trustee under the Will of Nina P. Batts, Deceased v. Rose Ann SHEARIN et al.

Court of Appeals of North Carolina.

November 5, 1975.

Attorney(s) appearing for the Case

Spruill, Trotter & Lane by F. P. Spruill, Jr., Rocky Mount, for plaintiff-appellee.

George Paul Duffy, Jr., Rocky Mount, for defendant-appellant, James W. Keel, Jr., Rocky Mount, Guardian Ad Litem for the Unborn Issue of Rose Ann Shearin.

CLARK, Judge.

The defendant groups his assignments of error under one broad question for consideration on appeal: Did the trial court err in holding that the testatrix intended that the trustee under the will involved should not consider the separate assets but only the income of the lifetime beneficiary before making disbursements to him?

Decisions are consistent in holding that the intention of the settlor must govern this type of will interpretation.

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