Collins v. Citizens & Southern Trust Co.

Marshall, Chief Justice.

Appellee, C & S Trust Company, filed a petition in the Cobb Superior Court, seeking to qualify as an appointed co-executor and co-trustee in the will of O. C. Hubert. In the petition, C & S also sought relief in the way of declaratory judgment and equitable direction.1 In this regard, C & S states that it needs direction as to whether it is legally authorized to distribute and administer assets of the estate in accordance with an agreement of the heirs of the testator, and beneficiaries under the will, modifying the terms of the will.

Under the will, the residuary…