Diana Kearny Powell v. National Savings and Trust Company, Successor Trustee

BURGER, Circuit Judge.

Appellant seeks review of a judgment of the District Court construing a testamentary trust pursuant to a petition of the trustee for instructions.

In 1958 the last surviving of five life tenants of the trust estate died and the appellee trustee was required to make final distribution under a residuary trust provision contained in a will executed in 1895. Under the terms of the trust one-half of the trust income was given to each of two daughters of testatrix for life or until marriage, “and upon the marriage or death of both daughters, then fourthly & finally to divide…