Stallard v. Johnson

The power of the courts to control the discretion vested in a trustee of a testamentary trust is the primary issue involved in this appeal. The defendant in error, hereinafter referred to as plaintiff, instituted this action against the plaintiff in error, hereinafter referred to as defendant, to obtain a construction of a provision in a testamentary trust and to compel the defendant as trustee thereof to make a sufficient allowance out of the trust funds to provide for the reasonable care and maintenance of the plaintiff.

The trust, which had been created by the last will and testament of…