Van Schaack v. AmSouth Bank, N.A.

KENNEDY, Justice.

Margaret D. Van Schaack appeals from a judgment entered on a “petition for final settlement” filed by AmSouth Bank, N.A. (“AmSouth”), as executor of the estate of her mother, Annie Hargrove Donald.

Annie Donald died in November 1979, and she was survived by her three children, Anne Shannonhouse, Robert Donald, and Van Schaack, who are all adults. Annie Donald bequeathed her personal belongings to her children in equal shares, with the residue of the estate to be divided as follows, with AmSouth as trustee:

“(a) The trustee shall apportion the trust so that there will be one…