Security Trust & Safe Deposit Co. v. Lockwood

The Chancellor.

This cause necessitates the construction of the will of Sarah G. N. Merritt and also the will of her husband, Thomas S. Merritt. Each will creates a trust fund. The complainant is the trustee for each fund. Though the two trusts are entirely separate and distinct, the trustee nevertheless joins them in one bill and in the same proceeding seeks a construction of both of them. The parties in interest are the same with respect to each trust. No objection has been made on the ground of multifariousness because, I suppose, it is conceived that the question involved under each will…