Fiduciary Trust Co. v. First National Bank of Colorado Springs

The petitioner is successor trustee of property held by it under an inter vivas trust created on May 6,1930, by Alice H. Ware, late of this Commonwealth. The petitioner seeks the instructions of the court as to whether a testamentary power of appointment given in the Alice H. Ware Trust (the Trust) to Francis C. Ware (Francis) late of Colorado Springs, Colorado, was duly exercised by the residuary clause in the will of said Francis.

The case comes to us on appeal by the guardian ad litem for unascertained persons from the decree, later referred to, entered by the judge of the Probate Court. We…