Parsons v. Smith, Trustee

The opinion of the court was delivered by

Parker, C. J.:

Plaintiff, Henry C. Parsons, brought this action against the defendants, Leah Smith, Trustee, and Norman Anthony and N. H. Anthony, Jr., as beneficiaries of the trust, to set aside the trust and decree that plaintiff was the owner of all the trust property, with its accumulations and substitutions, under and by virtue of the will of D. B. Golden, deceased.

During the course of the proceedings the defendants’ general demurrer to plaintiff’s amended petition was overruled and the defendants have appealed from that ruling.

Following the…