Central Carolina Bank & Trust Company v. Bass

The disposition of the remainder of the Thomas L. Shepherd Fund after the death of the life beneficiary depends upon the answer to three questions: (1) When testator directed the trustee to distribute the remainder as then constituted “to my next of kin,” did he mean his nearest of kin or those who would take from him under the statute of distributions? (2) Did testator intend to. include Annie Moore Shepherd Dennis, whom he described in his will as “my granddaughter,” in the class he designated as “my next of kin”? (3) Are “my next of kin” to be ascertained at the death of testator or at the…