Smith v. Union National Bank

George Rose Smith, Justice.

This appeal is a sequel to an earlier one. In 1962 the appellants, Dr. Smith and his wife, conveyed property to the appellee bank upon an irrevocable trust under which the income was to be paid to the Smiths for life and thereafter to other bene•éancellation of the trust on the ground that it was voidable for want of mental capacity on their part. The trial court set the trust aside, but that ruling was reversed on appeal. Union Nat’l Bank v. Smith, 240 Ark. 354, 400 S. W. 2d 652 (1966).

Thereafter the bank as trustee filed the present petition, asking the chancery…