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NORTH CAROLINA NAT. BANK v. GOODE

No. 102.

259 S.E.2d 288 (1979)

298 N.C. 485

NORTH CAROLINA NATIONAL BANK and Ethel Stowe, as Trustees of the Trusts created under Items VII and VIII of the Will of Allison Lloyd Goode v. Alson Lloyd GOODE, Jr.; Kathryn Goode Clark; Alson Lloyd Goode, III; Winston Glasgow Goode; Kathryn King Goode; David Clark, Jr.; Allison Thorne Clark; Walter Clark; Caroline Clark; the Unknown and Unborn Children of Alson Lloyd Goode, Jr. and Kathryn Goode Clark and the Issue of such Unknown and Unborn Children; the Unknown and Unborn Issue of Alson Lloyd Goode, III, Winston Glasgow Goode, Kathryn King Goode; David Clark, Jr., Allison Thorne Clark, Walter Clark and Caroline Clark.

Supreme Court of North Carolina.

November 6, 1979.

Attorney(s) appearing for the Case

Fleming, Robinson, Bradshaw & Hinson by Neill G. McBryde and Peter C. Buck, Charlotte, for plaintiffs-appellees.

Farris, Mallard & Underwood by Ray S. Farris and H. Morrison Johnston, Charlotte, for defendants-appellants.

EXUM, Justice.

Plaintiff trustees instituted this action under our Declaratory Judgment Act, G.S. 1-253 et seq., seeking a construction of the will of Allison Lloyd Goode, who died 14 August 1968. The will was written by the testator himself and was properly executed on 31 August 1965. A codicil, immaterial to this dispute, was executed 30 December 1966. The will provides in pertinent part as follows:

"ITEM...

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