In Re Will & Estate of Johnson

Stacy, O. J.,

after stating tbe facts as above: Tbe question for decision is whether tbe testator intended to name, and did name, tbe American Trust Company as one of tbe executors of bis estate by tbe tenor of bis will or by conferring upon it executorial powers and duties in connection witb tbe administration thereof. Tbe trial court answered in tbe affirmative, and tbe parties have filed elaborate briefs witb all tbe North Carolina decisions and many foreign authorities collected on tbe subject, e.g., on tbe one side is cited In re Leonard, 218 N.C. 738, 12 S.E. 2d 222 (no executor named in…