Alcott v. Union Planters National Bank

TOMLIN, Judge.

The trustee of an inter vivos trust, Union Planters National Bank (hereinafter “bank”), has appealed from an order of the Chancery Court of Shelby County granting a summary judgment motion filed by the plaintiffs in this cause to compel the termination of the trust. The issue presented to us by this appeal is whether or not the courts of this state can terminate an inter vivos trust, without any factual hearing, upon the application of the settlors and remaindermen in being at the time the termination is sought when there are interests of unascertained contingent remaindermen…