Rawsthorn v. Rawsthorn

Plaintiff brought an action in equity-seeking (1) the appointment of a trustee to guard the corpus of a testamentary trust fund; (2) the removal from office of an alleged present trustee of the fund because of misappropriations by her, and (3) a full accounting and restoration of all the funds belonging to the trust estate.

The cause was tried to the court without a jury. Findings of fact were made, from which the court concluded that the action should be dismissed. From a decree dismissing the action, plaintiff has appealed.

The parties to this action are closely related by ties of blood.…