MacDonald v. Joslyn

Mr. PRESIDING JUSTICE HAYES

delivered the opinion of the court:

Marcellus Lindsey Joslyn died in California in 1963. His will named plaintiff-appellee, Robert D. MacDonald (hereinafter MacDonald) executor of the estate and trustee of various testamentary trusts created for the benefit of the testator’s grandchildren and great-grandchildren. Marcellus Newell Joslyn (hereinafter Marcellus), one of four children of Marcellus Lindsey Joslyn, brought suit to contest his father’s will. That litigation was resolved against Marcellus. Thereafter, MacDonald filed one suit individually and one suit as…