Harlan v. Citizens Nat. Bank of Danville

SIMS, Justice.

This declaratory action was brought by the Citizens National Bank of Danville, as trustee of George L. Piarían, deceased, against his surviving brother and sister, Jay W. Harlan and Mrs. Sue Robinson, to determine whether a power of appointment the will of their mother, Mrs. Annie S. Harlan, gave George was exclusive or nonexclusive. The chancellor in an exhaustive and well-reasoned opinion held the power to be nonexclusive, which we think was an erroneous conclusion as we will attempt to show.

For the sake of brevity and to avoid confusion, since all persons involved in this…