Hamilton National Bank v. Childers

The Hamilton National Bank of Chattanooga, Tennessee, as executor and trustee of the will of Roy A. Childers, filed an action for declaratory judgment in the Superior Court of Catoosa County seeking construction of certain items.

Item III of this will directs that the testator’s wife Coa Childers be given a life estate in the home place at Rossville, Georgia during her lifetime or until she remarries. Item IV places in trust for the benefit of Coa Childers during her lifetime all the rest and residue of his property and vests the named trustee with certain powers. At issue here is the last…