Smith v. Title Guarantee & Trust Co.

Lehman, Ch. J.

In January, 1929, the plaintiff executed a deed of trust and delivered the deed with the property described therein to Title Guarantee and Trust Company, the trustee named in the deed. The trustee thereafter entered upon the discharge of its duties. The deed of trust provided that the income should be applied for the benefit of the daughter of the settlor, Irene M. Hanlon, or paid over to her during her minority, and that the principal was to be .paid to the daughter upon the death of the settlor. In the event that the daughter should predecease the settlor, then, the deed…