Calkin v. Wallace

The opinion of the court was delivered by

Wedell, J.:

This case involves the construction of a will which creates an income trust for three beneficiaries.

Upon the death of the second named beneficiary of the trust her personal representative filed a claim in the probate court against the estate of the testator who created the trust claiming title to certain income on the date of her death. The claim was allowed. The executor and trustee appealed to the district court, where he prevailed. The petitioner has appealed to this court.

It was agreed in the district court that the question of law…