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SMAIL v. SMAIL

617 S.W.2d 889 (1981)

Mary Florence SMAIL (Benson), Plaintiff-Appellee, v. Edwin H. SMAIL and Cameron Smail, Co-Executors under the Will of Edwin W. Smail, and, First National Bank of Sullivan County, Trustee of Trust A and Trust B under the Will of Edwin W. Smail, and Edwin H. Smail and Cameron Smail, individually and as representatives of the class of the beneficiaries of Trust B under the Last Will and Testament of Edwin W. Smail, Defendants-Appellants.

Supreme Court of Tennessee, at Knoxville.

May 26, 1981.

Attorney(s) appearing for the Case

David S. Haynes, and Myers N. Massengill, Bristol, for plaintiff-appellee.

T. Arthur Scott, Jr., and Edwin L. Treadway, Kingsport, for defendants-appellants Executors of Counsel, Hunter, Smith & Davis.

Jackson C. Raulston, Kingsport, for defendants-appellants Beneficiaries.

Charles C. Gore, Bristol, for defendant-appellant First Nat. Bank of Sullivan County.

OPINION

HARBISON, Chief Justice.

This case involves a controversy between the beneficiary of a marital trust and the executors of her deceased husband's will. The executors are sons of the testator and are also primary beneficiaries of the non-marital trust. As the case comes to this Court, the dispute centers primarily around the time and the method of funding these trusts.

At the time of his death testator was one of nine directors of the Indiana...

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