Edmundson v. Morton

420 S.E.2d 106, 332 N.C. 276, 1992 N.C. LEXIS 477
CourtSupreme Court of North Carolina
DecidedSeptember 4, 1992
DocketNo. 333PA91
StatusPublished
Cited by3 cases

This text of 420 S.E.2d 106 (Edmundson v. Morton) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edmundson v. Morton, 420 S.E.2d 106, 332 N.C. 276, 1992 N.C. LEXIS 477 (N.C. 1992).

Opinion

LAKE, Justice.

This case presents essentially a question of interpretation of a will, involving accessions (accretions) to certain bequeathed property and whether the testator intended the bequest directly in question to be general or specific in nature.

The bequest directly in question was of certain stocks and bonds inherited by testator from his wife and bequeathed by him as a collective unit. The essence of the question is the determination of the proper legatees of normal accessions to the shares of these [278]*278corporate stocks, which accessions occurred by way of routine stock splits and dividend reinvestments between the times of testator’s acquisition thereof, his execution of the will and his death. As such, this is a case of first impression in North Carolina.

The plaintiff, executor of the estate of C. Julian Wilson, brought this action for declaratory judgment in Superior Court, Granville County seeking an interpretation of the testator’s will and a declaration of the rights of the beneficiaries under the will with respect to the bequests set forth in Items Five and Nine of the will. The case was submitted to the trial court upon stipulated facts.

The testator, C. Julian Wilson, died 11 September 1983. His last will, dated 22 March 1979, was duly submitted for probate. In Item Five, testator bequeathed “all of the stocks and bonds which I may own as inherited by me from my wife, . . .” share and share alike, to his wife’s family. Item Five provides as follows:

ITEM Five: I give and bequeath to my nephews-in-law and my nieces-in-law who may be living at the time of my death, and Elizabeth Sykes, widow of my nephew-in-law, Arthur Sykes, share and share alike, all of the stocks and bonds which I may own as inherited by me from my wife, Rachel H. Wilson, and for identification purposes such stocks and bonds which I inherited from my wife are as follows:
228 Shares American Telephone and Telegraph Company, common
120 Shares American Tobacco Company, common
5 shares Carolina Power & Light Company, preferred
494.590 Shares Investors, Mutual, Inc., common
131.189 Shares Investors Variable Payment Fund, Inc., common
U.S. Savings Bonds, Series E
Number Date Maturity Value
L4004877933E Dec. 1943 $ 50.00
Q4008735615E May 1943 25.00
C4003195302E Sept. 1943 100.00
C4003195303E Jan. 1943 100.00
C4003195304E Jan. 1943 100.00
[279]*279C4003195305E Jan. 1943 100.00
C4003195306E Jan. 1943 100.00
C4003195307E Jan. 1942 100.00
C4003026589E Feb. 1942 100.00
C4003195308E March 1942 100.00
C114698955E Dec. 1945 100.00
C114698956E Dec. 1945 100.00
C114698957E Dec. 1945 100.00
C114698958E Dec. 1945 100.00
C146275941E April 1949 100.00
C146275942E April 1949 100.00
C146275943E April 1949 100.00
C146275944E April 1949 100.00
C146275945E April 1949 100.00
C146275964E April 1949 100.00
C146275966E April 1949 100.00
C146275967E April 1949 100.00
C9340623E Juen [sic] 1944 500.00

The shares of stock specified in Item Five represented the total shares of stock testator inherited from his wife, Rachel H. Wilson. The 228 shares of American Telephone and Telegraph Company were held by testator at the date of execution of his will and the same number continued to be held at the date of his death. The 120 shares of American Tobacco Company were held at the date of execution of the will, and 240 shares of this stock were held at the date of death as a result of a stock split. The 5 shares of Carolina Power & Light Company preferred stock were held at the date of execution of the will, and 20.877 shares of this stock were held at the date of death as a result of dividend reinvestments. The 494.590 shares of Investors Mutual, Inc. had increased to 850.59 shares at the date of execution of the will as a result of dividend reinvestment, and 850.59 shares of this stock continued to be held at the date of death. The 131.189 shares of Investors Variable Payment Fund, Inc. had increased to 202.231 shares at the date of execution of the will, and 277.791 shares of this stock were held at the date of death, all of which increases resulted from dividend reinvestments.

Item Nine of the will is a residuary bequest wherein testator bequeathed all the rest and residue of his property to his own brother and sister and to his nieces and nephews. Item Nine provides as follows:

[280]*280Item Nine: I bequeath and devise the rest and residue of the property which I may own at the time of my death, real and personal, tangible and intangible of every nature and wherever situated, including all property which I may acquire or become entitled to after the execution of this will to my brother and sister and nieces and nephews, in the following proportions:
(a) To my nephew, W.W. Mason, an undivided one-eighth share;
(b) To my nephew, L.L. Mason, Jr., an undivided one-eighth share;
(c) To my brother, William R. Wilson, an undivided one-fourth share;
(d) To my sister, Marguerite W. Morton, an undivided one-fourth share;
(e) To my nephew, Edwin B. Wilson, an undivided one-eighth share;
(f) To my nephew, Joe B. Morton, an undivided one-eighth share.

According to the Stipulation of Facts entered into by the parties and submitted to the trial court, after testator’s execution of the will and before his death, certain of the U.S. Savings Bonds, Series E, listed in Item Five (having a maturity value of $1,775) were “exchanged,” along with other Series E Bonds, for certain Series HH bonds (having a maturity value of $16,000) by L.L. Mason, “attorney in fact for C. Julian Wilson, said L.L. Mason being a beneficiary pursuant to Item 9 of the referenced Will.” On 24 October 1991, after this case was docketed in this Court, the defendantappellees filed motion to supplement the record with the affidavit of L.L. Mason attesting that he had no recollection of having a power of attorney for any purpose by C. Julian Wilson, that he did write checks for Wilson from time to time, that Wilson decided to sell certain of the “E” bonds, that be observed Wilson sign these bonds for purposes of sale, and that when the proceeds of the sale of these bonds went into Wilson’s checking account upon request by Wilson he and a bank officer advised Wilson to purchase “HH” bonds.

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Bluebook (online)
420 S.E.2d 106, 332 N.C. 276, 1992 N.C. LEXIS 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edmundson-v-morton-nc-1992.