Newell v. Tubbs

This proceeding involves the construction of a trust provision contained in a will and the validity of the assignment of the interest of a beneficiary thereunder. The income from the trust estate was, under the terms of the will, to be used for the education of the great-grandchildren of the testator, the principal ultimately to be divided among the beneficiaries. The following compendious statement will sufficiently present the pertinent facts.

It appears from the pleadings that Henry Bolthoff died testate December 19, 1925, leaving a will in which it was provided by the seventh paragraph…