Cleveland v. Second Nat. Bank & Trust Co.

SIMONS, Circuit Judge.

The appeal is from a final judgment in one phase of the much litigated estate of Arthur D. Eddy of Saginaw, Michigan, and challenges allowances of counsel fees and costs expended or incurred by ■ the trustee in defending against the appellant’s counterclaim and cross-bill in a suit originally instituted to construe'the trust provisions of the Eddy will. The judgment is also attacked because the disbursements of the trustee are made a charge upon the dividends of shares of stock eventually to be turned over to the appellant in pursuance of the provisions of the trust.

Sever…