Proctor v. Jacobs

FINCH, Chief Justice.

The decisive question presented is whether the present appeal is premature. We hold that it is and reverse and remand for that reason.

Plaintiffs were named in the will of Mary A. Moehle, deceased, as trustees of a trust created by that will. Under the trust provisions the husband of testatrix was to receive the income for life, after which the trustees were to divide the corpus into three portions of equal value, one to be held for the benefit of each of testatrix’ three children and their children.

The trustees filed suit in the Circuit Court requesting the court to…