McEwen v. Enoch

The opinion of the court was delivered by

Arn, J.:

This action was for a declaratory judgment to construe a written trust agreement executed November 11, 1939. The beneficiaries of the trust were the defendants, a granddaughter and grandson of the grantor. The plaintiff trustee is the father of the defendants. The trust included certain real and personal property, and the controversy involves Article I of the agreement which is as follows:

“This trust shall be known as the Cyrus M. Beachy Trust No. 1.

*120“Grantor agrees to and shall forthwith deposit, assign and convey to the trustee each and all…