Evans v. Ockershausen

I concur except as to points 1 and 3 of the majority opinion.

The testator created a testamentary trust as to his real property.1 The only qxiestion for us to determine therefore is, Who were intended to be cestuis or beneficiaries thereunder? The majority opinion says “ * * * the will of Dr. Kolipinski involves a testamentary trust set up in favor of his wife. We see none of the continuities present in the Kolipinski will that would show testator’s intent to give the income of the trust he created to his wife and children as a class.” Standing

*710alone this seems to mean that the widow was the…