Barnes v. NationsBank, N.A.

Carley, Justice.

This case involves construction of the will of the late A. E. Barnes, Jr. (Testator). A. E. Barnes III is the son of Testator. A. E. Barnes IV and Nancy Barnes Howard are the children of Barnes III and, consequently, are the grandchildren of Testator. The provisions of Testator’s will which are relevant to this case created a testamentary trust for the benefit of Barnes III as the “primary beneficiary.” NationsBank was named as the Trustee. After Barnes III filed a bankruptcy petition, Trustee proposed to disburse to him $6,368 a month from the trust in order that he continue…