Clark v. United States National Bank

This appeal is from an order of dismissal after a demurrer was sustained to the amended complaint. The basis of the demurrer was that the remedy, if any, is in equity and not by action at law, hence, the court had no jurisdiction. The defendant cross appeals a trial court finding concerning some of its affirmative defenses. Facts alleged by the pleadings before the court when it ruled upon the demurrer are included in the narration which follows.

The plaintiffs are sisters who were named as sole beneficiaries of a trust established in the will of Eva Powell who died in April 1964. The…