Evans v. Safe Deposit & Trust Co.

This is an appeal from a decree for distribution of the trust estate created by a deed of trust from Samuel Scribner and wife. The decree also covers distribution of a trust estate created by Mr. Scribner’s will, but as to that trust estate the appeal has been abandoned.

On November 25, 1859 Mr. Scribner, then 69 years old, executed the deed of trust, four days later on November 29, 1859 his will, and on April 9, 1866 a codicil. He died May 30, 1873, his wife in May, 1880. He had four children, (1) Julia Briggs, who married and in 1850 died without issue, (2) Gertrude A. Rogers, who died…