In Re Estate of Sutcliffe

The opinion of the court was delivered by

Fromme, J.:

This appeal requires construction of an express trust and, more specifically, of provisions relating to final disposition of the trust property. The trust was established for the purpose of carrying out the terms of a property settlement agreement entered into between Joe H. Sutcliffe and Velma E. Sutcliffe, his wife.

The following facts were developed during a trial in the court below. Marital difficulties arose between the parties and a separation occurred.' The couple owned considerable property. Some of the real estate was held in joint…