Central Trust Co. v. McCarthy

OPINION

By MATTHEWS, J.

This is an action for a declaratory judgment, determining the legal status of, and construing the trust instrument under which the plaintiff acts. The executor of the settlor, while denying the validity of the trust instrument and the legal effect of its provisions, nevertheless joins in the prayer for a declaration on the subject. All the other defendants in one way or another support the position of the plaintiff. The case comes to this Court on appeal on questions of law.

On June 6th, 1932, Lucy A. Smith, owning an undivided 30/96th, and seven other co-tenants,…