Donehoo v. Commercial Bank & Trust Co.

Whitman, Judge.

The complaint of Philip J. Donehoo, Jr., was brought against the Commercial Bank & Trust Co. as guardian of the property of Philip J. Donehoo, III, Edward S. Donehoo and Donald M. Donehoo. The appeal is from an order dismissing the complaint as to the bank in its capacity as guardian of the property of Philip J. Donehoo, III.

Donehoo’s complaint shows that the guardian’s wards are his three sons, and that his sons are the beneficiaries of a trust established by a maternal great aunt. Under the terms of the trust the trustee was not to distribute to any one son his share of the…