Melby v. Nelson

Plaintiff prevailed in an action to determine adverse claims. Appellants’ motion for amended findings was denied. They appealed from the judgment.

John H. Melby died testate. His will made his wife, Josephine Melby, the executrix and also trustee by putting all the property in her hands so long as she remained a widow, but in no event to continue longer than until the youngest child arrived at majority. The trustee was given full power to sell and mortgage and; to use income for herself and children with the right to invade the corpus of the estate if the income was insufficient for the…