Central Trust Bank v. Stout

TURNAGE, Judge.

Central Trust Bank sought a declaratory judgment for the purpose of identifying the “bodily heirs” of Virginia Berry Barbarick. The court determined the heirs were the three children of Virginia, and the four grandchildren of Virginia appeal.

On this appeal it is contended the court erred in not construing the testamentary trust to include the grandchildren of Virginia who were the great-grandchildren of the testatrix. Affirmed.

Susie Williams executed her will in 1948 after it had been drafted by her attorney. The will established a trust for Susie’s daughter, Virginia Lee…