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WACHOVIA BANK & TRUST COMPANY v. HUNT

No. 441.

148 S.E.2d 41 (1966)

267 N.C. 173

WACHOVIA BANK & TRUST COMPANY, Trustee under a Living Trust Agreement with Mary R. Hanes, Alexander S. Hanes, Jr., and Elizabeth H. Strubing, dated August 5, 1944, v. Anne Wright Hanes HUNT, Alexander Stephen Hanes, III, and Charles Robinson Hanes, II, by his Guardian Ad Litem, Lloyd C. Caudle.

Supreme Court of North Carolina.

May 4, 1966.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice, Winston-Salem, for plaintiff appellee.

Herbert, James & Williams, Charlotte, for Anne Wright Hanes Hunt, defendant appellee.

Wardlow, Knox, Caudle & Wade, Charlotte, for Alexander Stephen Hanes, III, and Charles Robinson Hanes, II, by his guardian ad litem, Lloyd C. Caudle, defendant appellants.

SHARP, Justice.

The first question which we must consider is not whether Anne Wright Hanes (now Hunt), as the spouse of Alexander Stephen Hanes, Jr. (one of the grantors and the issue of another grantor), is within "a class composed of grantors' issue and spouses thereof" and therefore a possible appointee of her husband, Alexander S. Hanes, Jr. Conceding arguendo that she was, yet she cannot take under his special power of appointment unless he exercised it...

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