Wachovia Bank & Trust Co. v. Lindsay

Are those “who would have been” the testator’s “heirs and distributees,” had he died intestate, and who are designated as the ultimate takers of two-thirds of his property, to be ascertained and determined as of the date of his death, or at the time of the death of the life tenant? The answer is, At the death of the testator. Witty v. Witty, 184 N. C., 375, 144 S. E., 482; Dixon v. Pender, 188 N. C., 792, 125 S. E., 623; Baugham v. Trust Co., 181 N. C., 406, 107 S. E., 431.

Had the testator died without making a will, undoubtedly his heirs and distributees would have been determined as of the…