In re the Testamentary Trust Under the Will of Stuchell

Petitioner appeals from the trial court’s dismissal of her petition for approval of an agreement to modify a trust. The stated purpose of the proposed modification is to protect a retarded remainder beneficiary. We affirm.

Petitioner is one of two surviving life-income beneficiaries of a testamentary trust established by her grandfather, J.W. Stuchell, in his 1947 will. The trust will terminate on the death of the last income beneficiary, at which time the remainder is to be distributed equally to petitioner’s children or their lineal descendants, per stirpes. One of petitioner’s four…