City National Bank v. Kelly

OPINION

By McClelland, j.

This matter comes on to be heard upon the petition filed herein by The City National Bank & Trust Company, and Carl A. Eberst executors of the Last Will and Testament of Edmund P. Kelly, deceased, against Bess Mickiethwaite Kelly et, asking the Court for a declaratory judgment as to whether the creation of an irrevocable trust in favor of the testator’s adopted son constitutes a settelment as contemplated by §19504-49 GC, and, whether by virtue thereof the adopted child of the testator is denied the right to inherit a portion of the decedent’s property.

The Court finds…