Holter v. First National Bank & Trust Co. of Helena

MR. JUSTICE ANGSTMAN:

This appeal by Phillip Jeffries Barbour, a minor, is taken from a judgment declaring that he must divide equally with the respondent, James Anton Barbour, also a minor, the interest of their deceased mother in the Clara Holter Kennett Trust. Both boys appear by guardians ad litem. The problem in the case is the proper interpretation of a trust deed and arises out of the use therein of the word “issue” and the fact that James is an adopted child.

*29The allegations of the complaint are admitted; no factual questions arise. The sole question is whether James, the adopted son,…