Minary v. Citizens Fidelity Bank & Trust Co.

OSBORNE, Judge.

This is an action for the construction of the will of Amelia S. Minary. The will was executed on the fourth day of April, 1932. After making several bequests of cash to various beneficiaries to pass immediately, the will creates a trust, the income of which is directed to be paid to Thomas J. Minary, husband of Amelia Minary and to her three sons, James S. Minary, Thomas Helm Min-ary, and Alfred D. Minary. The proceeds of the trust are to be paid in the “absolute and uncontrolled discretion” of the trustees. The trust terminates upon the death of the last surviving beneficiary,…