Little Red Schoolhouse for Special Children, Inc. v. Citizens & Southern National Bank

Hawes, Justice.

George Burdell Nolen died on February 20, 1969, leaving surviving him only his widow, Mrs. Della H. Nolen. He left a will wherein he made a number of specific devises to nieces, nephews, other individuals, and charitable organizations. In Item VIII thereof he incorporated a marital deduction trust naming the Citizens & Southern National Bank as trustee for the benefit of his wife and conferring upon her in paragraph (c) of that item the power of appointment in her last will and testament and providing that in the event she failed to exercise that power the property so devised…