Wetherbee v. First State Bank & Trust Co.

Carley, Justice.

In this will construction case, appellee First State Bank & Trust Company (Bank) is a co-trustee of the testamentary trust of Francis P. Wetherbee and appellants are Mr. Wetherbee’s ex-daughters-in-law and several of his grandchildren. The case arises from the following relevant facts: Mr. Wetherbee died in 1977 and was survived by his wife, a daughter, and two married sons. Under the terms of Mr. Wetherbee’s will, portions of his estate were to be placed into marital and residuary trusts for his wife for life. Upon his wife’s death, a specified percentage of the residuary…