Dravo v. Liberty Nat. Bank & Trust Co.

STANLEY, Commissioner.

The appeal brings for review the ruling and appropriate order of the circuit court that the appellant’s suit for a declaration of rights is not maintainable.

The plaintiff’s mother, Mrs. Nellie A. Dravo, who died in April, 1936', devised half of her estate to her son, James Stuart Dra-vo, in trust, the Liberty National Bank and Trust Company being named the trustee. The devise is in the nature of a spendthrift trust with provisions for delivery of the corpus in whole or in part to James when in the uncontrolled discretion of the trustee he should be deemed competent to…