In re the Trust Estate of Holmes

Worden, J.:

Evelyn Holmes Spriggs, trustee and income beneficiary of the B. E. (Earl) Holmes Testamentary Trust, appeals the district court’s order requiring her to return to the trust all the money that she had received from the sale of stock which had been a part of the trust corpus. The district court’s order arose from an action that was brought by Tanua Smith, one of the remaindermen and Evelyn’s daughter, to set aside the disbursement that Evelyn had made to herself.

Earl Holmes executed his last will and testament on January 23, 1965. Holmes died on July 4,1965. Holmes’ will passed a…