BANK OF AMERICA, N.A. v. BROWN

No. 09-1333.

2010 Ark. 399

BANK OF AM ERICA, N.A., Appellant, v. CHARLES A. BROWN, ROY LYNDELL SHARPE TESTAMENTARY TRUST and ROY LYNDELL SHARPE INTER VIVOS TRUST, Appellees.

Supreme Court of Arkansas.

October 28, 2010.


JIM HANNAH, Chief Justice.

Appellant Bank of America, N.A., appeals an order of the Pulaski County Circuit Court granting appellee Charles A. Brown's petition for an order to change trustees. Two trusts are at issue in this case, the Living Trust and the Testamentary Trust. The Living Trust provides, in relevant part: "[B]ut if some unforeseeable event forecloses the Worthen Bank and Trust Company, N.A. from administering this Trust, and such event occurs in the lifetime...

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