Wachovia Bank & Trust Co. v. Green

D®NNy, J.

The appellants present the following questions for our consideration: (1) In the interpretation of the testator’s will, do the words “in the event any child or children shall hereafter be born to either my said niece or my said nephew” exclude the adopted children of Ottis Green, Jr., as a matter of law, or should the intent of the testator be ascertained through extrinsic evidence? (2) Under the facts and circumstances disclosed by this record, did the court err in declining to consider or interpret the residuary clause of the will with respect to the ultimate distribution of the…