Tufford v. Northwestern National Bank

Sheran, Justice.

Appeal from an order of the district court denying the beneficiaries’ request to terminate a trust, construing its provisions, and instructing the trustee.1

The trust was created by the will of Henry H. Tufford, who died on January 2, 1962. The will, made on December 9, 1958, provided in part as follows:

“Eighth: The rest, residue and remainder of my estate, I give, devise and bequeath unto my trustee hereinafter named to be held for the benefit of Robert J. Tufford, my son, and Mrs. Elwin Pierce, nee Bernice E. Tufford, my daughter, and not for the trustee’s own use and…