Griffith v. First National Bank & Trust Co.

Jordan, Chief Justice.

This «case brings into question the discretionary powers of a trustee with regard to charging two different trusts for encroachments made upon their corpus for the benefit of the beneficiary.

Arthur Griffith, Sr. was 85 years old when, on April 17,1969, he executed a marital-deduction, inter-vivos trust agreement with the trustee-appellee First National Bank. This trust instrument created two trusts — (1) a marital deduction trust for the benefit of Mr. Griffith’s wife (Trust A) and (2) a remainder trust for the benefit of Arthur Griffith, Jr., the appellant (Trust B).

Mr.…