Born v. Clark

This case involves the disposition of the estate of Kate Stokes Born of Winfield, Alabama, and the specific question presented is to what extent Born's will affected the terms of a trust that she had previously executed. We affirm in part, but we reverse, in part, insofar as the trial judge failed to carry out the intent of the testatrix regarding property not included in the trust estate.

Kate Stokes Born (hereinafter referred to as Born) was married to Terry Born and was the mother of 10 children. On June 7, 1991, she executed and delivered a valid trust, conveying to herself, along with her…