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WACHOVIA BANK AND TRUST CO. v. LIVENGOOD

No. 86PA82.

294 S.E.2d 319 (1982)

WACHOVIA BANK AND TRUST COMPANY, N.A., Trustee Under the Last Will and Testament of George G. Johnson v. Charles H. LIVENGOOD, Jr., Norman B. Livengood, D. Johnson Livengood, Betty J. Crisp, J. Eric Johnson, Jr. and Betty Bugg Crouch.

Supreme Court of North Carolina.

August 25, 1982.

Attorney(s) appearing for the Case

Powe, Porter & Alphin, P.A. by E. K. Powe and Eugene F. Dauchert, Jr., Durham, for Charles H. Livengood, Jr., Norman B. Livengood and D. Johnson Livengood, defendant-appellants.

Marshall, Williams, Gorham & Brawley by A. Dumay Gorham, Jr., Wilmington, for Betty Bugg Crouch, defendant-appellee.

MEYER, Justice.

The sole issue in this case is whether the provision in a will for distribution of trust assets upon termination "in equal shares to my nieces and Nephews per Stripes (sic)" requires a per stirpes or a per capita distribution. We hold that a per capita distribution is required.

On 20 May 1980 plaintiff, Wachovia Bank & Trust Company, N.A., trustee under the testamentary trust created under the Last Will and Testament...

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