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FIRST NAT. BANK OF McMINN COUNTY v. WALKER

607 S.W.2d 469 (1980)

The FIRST NATIONAL BANK OF McMINN COUNTY and Harold Fred Miller, Co-Executors of the Last Will and Testament of Charles C. Miller, Deceased; the First National Bank of McMinn County, Tennessee, and Thomas M. Boyd, Co-Executors of the Last Will and Testament of Allie Bess W. Miller, Deceased, and Harold Fred Miller v. William Bryan WALKER, Jr.

Supreme Court of Tennessee.

November 3, 1980.

Attorney(s) appearing for the Case

Robert L. McMurray, Cleveland, of counsel; Bell, Painter, McMurray, Callaway, Brown, Mashburn & Headrick, Cleveland, William P. Biddle, III, Athens, for plaintiffs-respondents and defendant-respondent.

Thomas B. Prickett, II, Oneonta, Ala., Larry B. Nolen, Athens, for defendant-petitioner.

BROCK, Chief Justice.

Charles Miller died on March 17, 1975, leaving an estate of approximately $800,000.00 which by his last will and testament, dated October 4, 1972, was divided into two trusts, a "marital deduction" trust and a residuary trust. His wife, Allie Bess Walker Miller, was made the lifetime beneficiary of the marital deduction trust and was given a power of appointment over the corpus thereof. However, this power of appointment was limited by the following...

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