Fox v. First National Bank

Bell, Chief Judge.

This is a suit, brought by the heirs at law of Joel A. Martin, for a final settlement and accounting of a testamentary trust. Plaintiffs appeal from a grant of a motion for summary judgment to the defendant bank. The Supreme Court transferred the case to this court. Fox v. First Nat. Bank of Gainesville, 239 Ga. 491 (238 SE2d 44). Held:

1. Defendant bank was designated executor of the Martin will and trustee of a charitable trust created under the will. Item thirteen of the will provided that the residue of the estate should be placed in a charitable trust for the Redwine…