Marzahl v. Colonial Bank & Trust Co.

This appeal arises from an action brought by the plaintiff against the defendant bank as executor of the estate of the plaintiff’s deceased mother. The plaintiff sought damages alleged to have resulted from the mother’s failure to distribute to the plaintiff a portion of the income received by the mother from a testamentary trust established in the will of the plaintiff’s father. On motion by the defendant, and after having considered an affidavit and a counter-affidavit filed by the parties, the court granted summary judgment for the defendant. From that judgment, the plaintiff has appealed,…