Fidelity Union Trust Co. v. Rienzi

The complainant as trustee encounters some diversity of opinion concerning its fiduciary duty, now imminent, in the administration of the testamentary trust originated by one Jay D. Wagner, deceased. The parties asserting a beneficial interest in the trust unite with the complainant in soliciting the instructions of this court.

The solution of the problem contemplates a determination of the legitimate and justifiable construction of the thirteenth and fourteenth articles of the testator's will, which are here transcribed:

"Thirteenth: All the rest residue and remainder of my estate I direct my…