WACHOVIA BANK AND TRUST COMPANY v. Bryant

The basic rule of construction, and the refrain of every opinion which seeks to comprehend a testamentary plan, is that “ (t) he intent of the testator is the polar star that must guide the courts in tire interpretation of a will.” Coppedge v. Coppedge, 234 N.C. 173, 66 S.E. 2d 777. Courts have had considerable difficulty in determining whether a testator meant his beneficiaries to take per capita or per stirpes but, out of judicial experience, certain rules have devolved to help solve this perplexity. Burton v. Cahill, 192 N.C. 505, 135 S.E. 332.

The general rule, which has been stated and…