Moxley v. Title Insurance & Trust Co.

By this action plaintiff sought to terminate a testamentary trust prior to the time expressly provided for such termination. General and special demurrers to plaintiff’s amended complaint were sustained without leave to amend, a judgment of dismissal was entered, and plaintiff appeals therefrom.

In her amended complaint plaintiff sets forth the establishment and operation of the trust as follows: The trust was created by the will of plaintiff’s mother, Mabelle E. Kent, which will was executed on September 19, 1932. Under the terms of the trust the Title Insurance and Trust Company and Sidney…