First Trust Co. v. Davis

This appeal involves the basic question of whether or not the county court of Lancaster County erred in requiring a trustee to give a bond. On appeal the district court held that a bond should not be required. We reverse the judgment of the district court and remand the cause.

On August 19, 1943, Harry K. Grainger executed his last will and testament. He died. March 29, 1947. By his will he provided that his estate be held in trust for his wife and children. The wife elected to take under the statute.

The will also provided that “I nominate, constitute, and appoint THE FIRST TRUST COMPANY OF…