Birmingham Trust Nat'l Bank v. Garth

MERRILL, Justice.

This is an appeal from a decree of the Circuit Court of Limestone County, in Equity, overruling demurrer to the bill of complaint as amended, to terminate a trust. The complainants (appellees) are Ethel Mae Garth, the daughter of the testator, and the six children of Ethel Mae Garth. The respondent-appellant bank is the trustee under the will of the testator.

To use the language in appellees’ brief, “The bill seeks to terminate the trust created under the will, and a declaration of rights of the parties thereunder.” The testator, L. C. Hightower, died on June 2, 1934, and the…