WING v. WACHOVIA BANK & TRUST CO., N. A.

No. 37.

272 S.E.2d 90 (1980)

Martha Andrews Johnson WING and Jane Virginia Andrews Power Philbrick v. WACHOVIA BANK & TRUST COMPANY, N. A., Successor Trustee, and Augusta Andrews Young et al.

Supreme Court of North Carolina.

December 2, 1980.


Attorney(s) appearing for the Case

Maupin, Taylor & Ellis, P.A., by W. W. Taylor, Jr., and Jane Fox Brown, Raleigh, for defendant-petitioners Augusta Andrews Young, Alexander A. Marks, Laurence H. Marks, Graham H. Andrews, Jr., F. M. Simmons Andrews, William M. Marks III, Ralph Stanley Marks, Frances Marks Bruton, Julia Marks Young, Elizabeth Marks Green, Jane A. Marks (formerly designated as Jane Marks Cline), Hal V. Worth III, Julia A. Worth Ray, Simmons Holladay Worth, John W. Andrews, Sara Simmons Andrews Johnston and Mary Graham Andrews.

John A. McAllister, Raleigh, for defendant-petitioners minor and unborn parties as Guardian ad Litem.

Vaughan S. Winborne, Raleigh, for original plaintiff-appellees.

Emanuel & Thompson by W. Hugh Thompson, Raleigh, for defendant-appellee, Alex B. Andrews III.

Manning, Fulton & Skinner by Howard E. Manning, Jr., Raleigh, for defendant-appellees Howard E. Manning, Trustee, and William H. Clarkson, Jr.

Smith, Debnam, Hibbert & Pahl by J. Larkin Pahl, Raleigh, for defendant-appellee, James Rose Andrews, minor, as Guardian ad Litem.

Hunton & Williams by Henry S. Manning, Jr., Raleigh, for defendant-appellee, Wachovia Bank & Trust Co., N.A., Successor Trustee.


CARLTON, Justice.

I.

Alexander B. Andrews II, a Wake County lawyer, died on 21 October 1946 leaving a will dated 21 November 1945. The will was duly probated and recorded in the office of Clerk of Superior Court of Wake County. He was survived by a sister, two brothers, eleven nieces and nephews, and twelve great nieces and great nephews. One brother and a nephew predeceased testator; both were survived by children.

The will provided for payment...

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