Finch v. Wachovia Bank & Trust Co., NA

I. Background

Helen Crowder Finch, (“plaintiff’) is the 83-year-olds widow of Harry Browne Finch, (“testator”). The Finches were married for 46 years and raised three children, Sharon, Charles, and Bruce. Testator died 19 January 1988 and left a will giving (1) 15% of his total estate to charity and (2) a marital trust for the benefit of plaintiff during her lifetime with the remainder to go to the children. Wachovia Bank & Trust Company was named the sole trustee of the marital trust.

Testator’s testamentary intent was incorporated with minor changes into a Family Settlement Agreement,…