Lamb v. NATIONSBANK, NA

Hines, Justice.

This is an appeal from a decision of the Probate Court of Chat-ham County in an action for declaratory judgment brought by NationsBank, N. A. to determine the beneficiaries of a trust established under the Last Will and Testament of Herschel V. Jenkins. The will was executed in 1955, approximately five years before Jenkins died. The portion of the will in controversy is Item III. (4.) which provides:

Upon the death of my last surviving daughter, the corpus of my estate is to be divided into two (2) equal parts, one of the parts to be immediately paid over and delivered to my…