Albert R. Beatty and Rev. Owen Washington Beatty v. National Savings and Trust Company, a Corporation

DANAHER, Circuit Judge.

Appellants, father and son, asked the District Court to terminate certain provisions of a trust. The trustee and various contingent beneficiaries opposed, and summary judgment was entered in their favor. This appeal followed.

We need briefly summarize only presently operable facts. Mrs. Beatty’s will provided that the income from seventy-five per cent of the trust was to be payable to her husband throughout his life.¡ Upon his death, if the son should have attained the age of thirty years, one-half of that portion of the corpus was to be distributed to the son, the other…