WACHOVIA BANK OF N. CAROLINA v. WILLIS

No. 9421SC252.

454 S.E.2d 293 (1995)

118 N.C. App. 144

WACHOVIA BANK OF NORTH CAROLINA, N.A., Trustee, Plaintiff, v. Sara Anne Hanes WILLIS, Mildred Willis Paden, Elizabeth Willis Crockett, Rosalind Sheppard Willis, Robert Meade Willis, Elizabeth Rains Paden, a Minor, Anne Meade Paden, a Minor, Mary Claudia Paden, a Minor, Benjamin Robert Paden, a Minor, Mildred March Crockett, a Minor, Charles Lucian Crockett, IV, a Minor, Albiona Kai Malie Willis, a Minor, Tai Willis Olson, a Minor, Leif Hans Olson, a Minor, Meade Hanes Willis, a Minor, Mary Katherine Willis, a Minor, Robert Rutherford Willis, a Minor, and All Other Unborn Potential Lineal Descendants of Sara Anne Hanes Willis, Defendants.

Court of Appeals of North Carolina.

March 7, 1995.


Attorney(s) appearing for the Case

Petree Stockton, L.L.P. by J. Robert Elster, and Rodrick J. Enns, Winston-Salem, for plaintiff-appellee. Smith & Murphrey, by W. Everette Murphrey, IV, Winston-Salem, for defendants-appellants.

Womble Carlyle Sandridge & Rice by Dewey W. Wells, and George A. Ragland, Winston-Salem, for defendant-appellee Sara Anne Hanes Willis.


JOHN C. MARTIN, Judge.

Plaintiff, as trustee, brought this declaratory judgment action seeking judicial interpretation of an irrevocable Living Trust Agreement executed by Robert M. Hanes on 16 March 1928 for the benefit of his daughter Sara Anne Hanes (Willis), who was then five years of age. The trust provided that the net income from the trust was to be applied for Sara's benefit until she attained twenty-one years of age, at which time the trustee was directed...

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