In Re Estate of Darling

Some of the natural children of the late David H. Darling challenge the district court’s affirmance of the county court’s ruling that Darling’s adopted children should share in the testamentary trust established by the last will and testament of Darling’s mother. We affirm.

Darling’s mother, Frances Roberts Darling, hereinafter referred to as the testatrix, died testate in 1967. Her will, in pertinent part, established a trust which required the trustees(1) To pay whatever costs of the funeral and burial of my son David are proper in the judgment of the Trustees and promptly upon his death to…