Davis v. Maddox

Opinion by

Mr. Justice Groves.

The writ of error involved here is addressed to the action of the trial court in sustaining motions to dismiss and strike an amended complaint in intervention by a successor testamentary trustee. The facts which we set forth are in reality allegations contained in this amended complaint and in the complaint in the principal action.

The last will and testament of William C. Maddox, deceased, was admitted to probate on August 3, 1942. It provided that the decedent’s property should pass in trust to his son, Earl C. Maddox; that the income from the trust estate should…