Smith v. National Savings & Trust Co.

HOLTZOFF, District Judge.

This is an action by the settlor of a trust tq revoke and cancel the trust. The matter comes before the Court on a motion by the plaintiff for summary judgment.

The trust named the settlor herself as the life tenant to receive the life income of the corpus. Upon the death of the settlor the property was to be distributed among her issue then living, per stirpes and not per capita. The plaintiff has two children, both of whom are adults and who have consented to the granting of the relief that the plaintiff prays. There are minor grandchildren, however, who have…