Hilliard v. Suntrust Bank

Miller, Judge.

In 1991, Carey L. Hilliard, Jr. executed a will leaving all his property to a trust for the benefit of his daughter Brandy. In a 1997 codicil, however, Hilliard directed that his interests in the drive-in restaurant bearing his name and two other closely held companies should go to his siblings at his death. After Hilliard’s death in 2002, his daughter sued for a declaration that this provision of the codicil was void on the ground that it conflicted with a series of pre-existing agreements between Hilliard and his siblings concerning the interests. The trial court granted…