First and American National Bank v. Higgins

Peterson, Justice.

This action was brought to obtain a construction of two trusts created by William J. Conan. The one is referred to as the “living trust.” It was created under a trust agreement dated March 1, 1926. The other is referred to as the “testamentary trust.” It was created under his last will dated August 14, 1926. Mr. Conan died on November 27, 1926. He named as one of the beneficiaries under both trusts his brother Joseph D. Conan, who died testate on August 27, 1937, and by his will made provisions disposing of the shares of the William J. Conan trusts of which he was the…