Walker v. First Trust & Savings Bank

BOOTH, Circuit Judge.

The appellee First Trust & Savings Bank was appointed trustee by the will of John S. Brittain, deceased. As such trustee it brought the pres ent suit, making the beneficiaries of the trust parties, ,asking for instructions in the execution of the trnst. Jurisdiction was based on diversity of citizenship.

John S. Brittain died December 11,1917. He left surviving five children, whose names and ages at the time of Ms death were as follows: Jessie Turner Brittain Walker, 50; Mildred Brittain, 48; John S. Brittain, Jr., 43; Mary Noel Brittain Hastings, 40; Susan Jane Brittain…