Auchincloss v. City Bank Farmers Trust Co.

In this action, two grandchildren of Emma Brewster Auchincloss seek a declaratory judgment as to their right to have the income of a trust created by her will expended for their benefit and a direction that this be done, and their mother is seeking an order that the trustees reimburse her from income in their hands for money she has disbursed for the grandchildren. Because of the absence of certain parties, the trial court treated the action solely as one for a declaratory judgment, and from the declaration of rights it made the plaintiffs have appealed.

In her will, Emma B. Auchincloss gave…