Canal National Bank v. Noyes

WEATHERBEE, Justice.

This action for declaratory judgment was brought pursuant to M.R.C.P., Rule 72 by the Canal National Bank as trustee of an inter vivos trust for determination of the proper disposition of the excess income generated by that trust. 1 The defendants are Althea G. Noyes (the Settlor’s first wife) with the three sons of their marriage and Beatrice M. Noyes (the Settlor’s second wife) with the daughter of their marriage and Canal Bank in its capacity as executor of the will of the Settlor. A Justice in the Superior Court ordered the matter reported to us upon the complaint,…