McElrath v. Citizens & Southern National Bank

Gunter, Justice.

These cases involve three generations of McElraths, a bank acting as executor of an estate under a will and also as trustee of trusts established for three minor children, and Mrs. Elise H. Friedman who is the divorced mother of the three minor McElrath children, the beneficiaries of the three trusts.

The rights of the various parties under the will (the trusts being established by the will) were in dispute. The bank, in order to protect itself and also to resolve the dispute among the various parties, brought an action in the court below asking the court to construe the will…