Fountain v. Fountain

This is a direct appeal from the circuit court of Morgan county, wherein it is contended that that court erroneously construed a certain trust deed made by James H. Fountain, now deceased, in his lifetime, to the Elliott State Bank, and a certain last will and testament executed by the same grantor giving and devising all his estate to the same bank and, in general, intended to supplement the prior trust deed.

The estate of the settlor in the trust deed, and testator in the will, consisted of both real and personal property. Sub-section (h) of section 2, of the trust deed provides as follows:…