Wells Fargo Bank American Trust Co. v. Baxter

We review here an order made by the probate court in the course of its supervision of a testamentary trust by which it has authorized and directed a deviation from the express terms thereof because of a change of circumstances allegedly occurring after the testator’s death. The trustees have challenged the propriety of the court’s action which requires them to terminate the trust as to one of the beneficiaries and to pay all of his trust estate to his guardian. Appeal has been taken on a partial clerk’s transcript.1

The testator, Charles F. Traung, died in 1940. He left surviving him his wife,…