Brittain v. First Trust & Savings Bank

BOOTH, Circuit Judge.

This is a suit in equity brought by the First Trust & Savings Bank, as trustee under the will of John S. Brittain, deceased, praying for instructions in the execution of the trust. The various beneficiaries of the trust were made parties to the bill, but, by severance duly allowed, only one of them brings this appeal.

John S. Brittain died December 11, 1917. He left surviving him three married daughters, each having issue; one unmarried daughter; and one unmarried son. This son, John S. Brittain, Jr., married after the death of his father and thereafter died, leaving…