McClintock v. Smith

This is an action calling for the interpretation of the will of Jane Chadwick, deceased, and thereby a determination of the rights of the cestui que trust and the duties of the trustee, under a trust created by the will of decedent.

Plaintiff, guardian of the cestui que trust, claims the right to receive the corpus of the trust, or at least a part thereof, irrespective of the personal estate of his ward. Defendant, trustee, claims that only after the ward’s personal estate has been exhausted is she entitled to the benefits of the trust.

The trial court allowed the ward the current income from…