North Carolina National Bank v. Carpenter

HEDRICK, Judge.

Appellants’ contention that a specific bequest of shares of common stock carry with it accretions to said shares resulting from a stock split and a stock dividend occurring subsequent to the execution of testator’s will and prior to his death is untenable. G.S. 31-41 provides:

“Every will shall be construed, with reference to the real and personal estate comprised therein, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall, appear by the will.”

See also Wachovia Bank & Trust Co. v. McKee, 260 N.C.…