Southern Bank and Trust Co. v. Brown

Lewis, Chief Justice:

Respondent Bank, as a named co-executor of the Will of Mr. Arthur Brown, deceased, and a co-trustee of a trust created by its provisions, brought this action to have the court determine the validity and legal effect of certain portions of the will, alleging that it was unable to determine to whom the estate should be distributed and to perform its duties as executor and trustee without such determination. The issues were decided in the lower court by the late lamented Honorable E. Harry Agnew, Resident Judge of the Tenth Judicial Circuit.

In Item V of the will, the…