Title Insurance & Trust Co. v. Lowry

Opinion

FORD, P. J.

Appellant Lúcela C. Lowry, the former Lúcela Gregg, is the sole income beneficiary of a marital trust created under the will of *884her deceased husband, John D. Gregg. Respondent Title Insurance and Trust Company, the trustee of the marital trust, petitioned the probate court for an order instructing it to allocate payments received under the Bartolo contract, the major asset of the marital trust, to principal of the trust rather than to income.

A hearing was had on respondent’s petition. It was stipulated by the parties that certain documents be received in evidence. The…