Richards v. Worthen Bank & Trust Co.

Frank Holt, Justice.

This appeal involves the validity of an inter vivos trust created by Garland Richards (deceased) for the benefit of his wife, the appellant. After Garland’s death in 1973, his will, which predated the inter vivos trust, was filed for probate and appellant filed an election to take against the will. Appellant then sought a declaratory judgment to the effect that the inter vivos trust was invalid. The chancellor upheld the trust. For reversal appellant first argues that the chancellor erred in refusing to sustain her allegations that the inter vivos trust was testamentary in…