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WACHOVIA BANK & TRUST COMPANY, Trustee, Under the Will of WILLIAM E. HOLT v. WILLIAM E. HOLT AMANDA CALDWELL HOLT: LOIS HOLT TATE LOUISE TATE SHELTON: THOMAS McKENDREE SHELTON LOIS HOLT SHELTON ALICE TATE ETHEL HOLT VIVIAN ROBINS C. VIVIAN ETHEL HOLT VIVIAN, JR. EMILY VIVIAN CLAUDIA HOLT OATES ANNE OATES ASHLEY HAL H. ASHLEY HOLT ASHLEY JOAN ASHLEY WILLIAM HOLT OATES MARY ELIZABETH TUCKER OATES MAUD HOLT MAULSBY: DAVID LEE MAULSBY WILLIAM EDWIN HOLT MAULSBY S. LEE MAULSBY ALLEN PARISH MAULSBY EMILY HOLT HUNDLEY, and JOHN MASON HUNDLEY, JR. J. V. MOFFITT WACHOVIA BANK & TRUST COMPANY, Trustee for CLAUDIA HOLT OATES, Under the Trust Indenture of 12 October, 1925 WACHOVIA BANK & TRUST COMPANY, Trustee for ETHEL HOLT VIVIAN, Under the Trust Indenture of 29 November, 1935 and All Unborn Persons Who May Be Interested in the Determination of This Cause
WinboeNE, J.
Did the court in the judgment below properly construe the third item of the will of William E. Holt? Apparently out of abundance of caution, plaintiff in fiduciary capacity, and the guardian ad litem representing minors and unborn persons who may become interested in the estate, present this question. We are of opinion that the judgment follows the manifest intent of the testator as clearly expressed in the words used by him. The language of the will is plain English, unequivocal, and unambiguous, and there is no occasion for judicial interpretation. Wooten v. Hobbs, 170 N. C., 211, 86 S. E., 811; Scales v. Barringer, 192 N. C., 94, 133 S. E., 410; Williams v. Best, 195 N. C., 324, 142 S. E., 2; Bell v. Gillam, 200 N. C., 411, 157 S. E., 60.
Appellants contend that the will shows an intention of William E. Holt to keep his estate in his own blood stream. As was stated by Adams, J., in Power Co. v. Haywood, 186 N. C., 313, 119 S. E., 500, in speaking to a similar factual situation, “We are not permitted to substitute a presumed intention which is at variance with the obvious meaning of the language employed.”
Affirmed.
ScheNCK, J., took no part in the consideration or decision of this case.
