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FIRST U. NAT. BANK v. BAKER

No. 7928SC52.

259 S.E.2d 104 (1979)

43 N.C. App. 388

FIRST UNION NATIONAL BANK of North Carolina, Executor Under the Will of Howard A. Marvill v. Virginia BAKER, Miriam Simpson and Lillian B. Kasper.

Court of Appeals of North Carolina.

October 16, 1979.

Attorney(s) appearing for the Case

McGuire, Wood, Erwin & Crow by Charles R. Worley, Asheville, for plaintiff-appellee.

George W. Moore, Asheville, for defendant-appellant Virginia Baker.

Redmond, Stevens, Loftin & Currie by John S. Stevens, Asheville, for defendants-appellees Miriam Simpson and Dorothy J. Kasper, Administratrix of the Estate of Lillian B. Kasper.

WEBB, Judge.

We affirm the judgment of the superior court. In construing a will it is elementary that the intent of the testator is to be determined by examining the entire will in light of all the surrounding circumstances known to the testator and the intent is to be gathered from the four corners of the will. Wilson v. Church, 284 N.C. 284, 200 S.E.2d 769 (1973) and McWirter v. Downs...

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