Legal Opinion

Godwin v. Wachovia Bank & Trust Company

Supreme Court of North Carolina

Decided June 14, 1963No. 670PublishedCited by 34 opinions

1Opinion of the CourtDenny, C.J.

It is universally recognized in this 'country that a power of attorney, unless coupled with an interest, is terminated by the death of the principal. The power of attorney involved in this case was not coupled with an interest and was revoked upon the death of Nell J. Griffin. Fisher v. Trust Co., 138 N.C. 90, 50 S.E. 592; Bank v. Grove, 202 N.C. 143, 162 S.E. 204; Dowling v. Winters, 208 N.C. 521, 181 S.E. 751; Julian v. Lawton, 240 N.C. 436, 82 S.E. 2d 210.

The execution of the trust agreement under consideration was not acknowledged as required by G.S. 52-12. Even so, Chapter 1178 of the…

2Cases cited31 opinions

  1. Bunn v. . ToddSupreme Court of North Carolina · 1890
  2. Little v. Wachovia Bank and Trust CompanySupreme Court of North Carolina · 1960
  3. Newton v. Seaman's Friend SocietyMassachusetts Supreme Judicial Court · 1881
  4. Plemmons v. PembertonSupreme Court of Missouri · 1940
  5. Honeycutt v. Citizens National Bank in GastoniaSupreme Court of North Carolina · 1955

26 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Kerper v. KerperWyoming Supreme Court · 1989
  2. Olive v. BiggsSupreme Court of North Carolina · 1970
  3. Mansour v. RabilSupreme Court of North Carolina · 1970
  4. Matter of Estate of KirkmanSupreme Court of North Carolina · 1981
  5. Bettencourt v. BettencourtMassachusetts Supreme Judicial Court · 1972

29 more not listed; retrieve them via the Exa API.

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