North Carolina National Bank v. Carpenter

HIGGINS, Justice.

The appellants contend that Items IV and V of the will are specific legacies contemplating the gift of stock according to conditions at the time the will was executed rather than at the time of the testator’s death. They claim that all accretions resulting from the stock split should go the legatees. As authority they cite a number of cases, among them decisions of this Court in Smith v. Smith, 192 N.C. 687, 135 S.E. 855; Shepard v. Bryan, 195 N.C. 822, 143 S.E. 835; and Trust Co. v. Dodson, 260 N.C. 22, 131 S.E. 2d 875.

In Shepard v. Bryan, supra, the Court discussed at…