Rush v. Appointment of a Trustee for the Purpose of Securing an Oil & Gas Lease

GOODMAN, Presiding Judge.

This is an appeal from a trial court order approving a trustee’s accounting of assets, but denying the trustee’s petition for distribution. The dispositive issue is whether funds under control of the trustee appointed to represent the interest of contingent re-maindermen of a life estate are to be treated as income distributable to a surviving life tenant, or as principal held for the benefit of the undetermined class of contingent remain-dermen. Based upon our review of the record and applicable law, we reverse and remand for further proceedings.

I

This is a case of…