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McELRATH v. C. & S. NATIONAL BANK

26982, 26983, 26984.

229 Ga. 20 (1972)

189 S.E.2d 49

McELRATH et al. v. CITIZENS & SOUTHERN NATIONAL BANK et al. FRIEDMAN et al. v. CITIZENS & SOUTHERN NATIONAL BANK et al. McELRATH v. CITIZENS & SOUTHERN NATIONAL BANK et al.

Supreme Court of Georgia.

Decided April 6, 1972.

Rehearing Denied April 20, 1972.

Attorney(s) appearing for the Case

J. Sewell Elliott, for appellants in case No. 26983.

Charles M. Cork, Charles M. Cork, Jr., Wilbur D. Owens, Jr., Benjamin M. Garland, Mallory C. Atkinson, Jr., for appellees.

Wilbur D. Owens, Jr., Benjamin M. Garland, for appellant in case No. 26984.

Charles M. Cork, Charles M. Cork, Jr., J. Sewell Elliott, Mallory C. Atkinson, Jr., for appellees.

GUNTER, Justice.

These cases involve three generations of McElraths, a bank acting as executor of an estate under a will and also as trustee of trusts established for three minor children, and Mrs. Elise H. Friedman who is the divorced mother of the three minor McElrath children, the beneficiaries of the three trusts.

The rights of the various parties under the will (the trusts being established by the will) were in dispute. The bank, in order to protect itself...

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