Wachovia Bank and Trust Co. v. Livengood

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 of George G. Johnson, brought this declaratory judgment action in Superior Court, Durham County, for a construction of that portion of the Johnson will providing…