Creighton v. Hayes

This suit presents three basic propositions to be determined under the factual situation herein presented, to-wit: (1) can a Trustee individually acquire by purchase the interest of a beneficiary in the trust; (2) is it necessary to make the issue of five living sui juris beneficiaries of the trust parties to a proceeding which is filed for the purpose of approving the accounts of the Trustee; and (3) will a bill lie which seeks merely a declaration of future rights and to determine contingencies which may never arise or which purely present questions which are abstract, theoretical and…