WACHOVIA BANK AND TRUST COMPANY v. Bryant

Rodman, J.,

dissenting: As I read the will, testator intended to provide for a distribution of the trust at his wife’s death among his nephews and nieces. By express language he directed “said distribution to be per stirpes and not per capita.” The conclusion reached by the majority is, I think, contrary to the testator’s intent. Hence my vote is to affirm.

HiggiNS, J., joins in this dissent.