In re the Estate of Schirmer

Joseph A. Cox, S.

The decedent died on August 13, 1893 leaving a last will and testament which was duly admitted to probate in this court. Article Third of the will created a trust for the benefit of Elsa Ziegler, one of his daughters who died a resident of the German Democratic Republic (East Germany) on September 29, 1961.

A question as to the validity of the trust is now raised by the accounting trustee. If the trust is valid the trust remainder is payable, under the terms of the will, to the life beneficiary’s two children and her grandchild, the daughter of a predeceased child. A claim of…