Wesley Hall, Jr. v. Laura A. Killingsworth and Yeolen S. Thomas

The named trustees of a purported testamentary trust of realty applied to the District Court for instructions as to the construction of the will of Helen Penn Pender, deceased. The District Court held that the paragraph purporting to create a trust was void because it named no beneficiary, devised no trust object, and gave complete discretion to the named trustees, to manage, operate or sell the realty. The District Court considered “it would not do to strike down the clause creating the. trust and then construe the first clause of Paragraph 6 as a devise in fee simple absolute.” The court…