O'MALLEY v. Stratton

OPINION

KOEHLER, Justice.

In a contest involving the construction of the provisions of a testamentary trust relating to ownership of accrued but undis tributed income on the date of the termination of the trust, the trial court granted partial summary judgment in favor of the trust income beneficiary. The parties representing the • remainder interest in the trust estate bring this appeal contending that the court erred in its construction of the will as a matter of law. We affirm.

The last will and codicil of Cynthia L. Monroe was, following her death on October 3,1976, admitted to probate by…