In Re Estate of Tone

— William and Mattie M. Tone, husband and wife, died early in 1943 leaving wills which create a spendthrift trust in favor of their foster daughter for life with remainder to the daughter’s three children. The trust provisions of each will are identical and the Central National Bank & Trust Company of Des Moines is trustee under each. The daughter filed application to require the trustee to pay expenses and attorney fees incurred by her in litigation against her and her husband. Trial was had, the application denied and the applicant has appealed to us.

The wills provide the trustee shall pay…