Perling v. Citizens & Southern National Bank

Clarke, Justice.

The central issue in these appeals is the standard of care the law demands of trustees and whether the language of the trust instruments executed between these parties is sufficient to waive the required standard.

There are four trust instruments in this case. The language in each is identical except for the named beneficiaries. Each was established in 1971 by Sam Perling, as donor, for the benefit of one of his daughters with appellees Citizens and Southern National Bank (hereinafter C & S) and Golden as co-trustees. The trust agreements are irrevocable but Perling retained…