Wachovia Bank & Trust Co. v. Hunt

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 in her favor by his general devise ""unto my beloved wife, Anne Wright Hanes, all of my property. . . ."" A devise or bequest of all of testator's real or personal property, or both, is general. In re Marinos' Estate, 39 Cal. App. 2d 1, 102 P. 2d 443. 38 C.J.S., p. 762 (1943); 96 C.J.S., Wills § 1130 (1957).