Berry v. McCourt

This is an appeal on questions of law and fact involving the interpretation and enforcement of an alleged inter vivos trust. The case is, therefore, before this court on its merits for a de novo determination based on the pleadings and evidence.

The action arises out of an alleged inter vivos trust created by Richard G. Berry, Sr., in 1924. He conveyed certain property to his five sons as trustees and as beneficiaries. In 1952, Richard G. Berry, Jr. (II), died leaving five children. Two of the children, Richard G. Berry (III) and Patrick J. Berry, brought this action against the surviving…