Mary W. Walsh v. National Savings & Trust Company

I do not agree that the action brought by the trustees for a construction of the trust instrument “was in substance an effort on the part of Mary W. Walsh to terminate the trust.” The trustees were in doubt as to how to interpret the declaration of trust and were unwilling to take the responsibility of resolving their doubt. In these circumstances, they very properly sought judicial guidance.

Mary W. Walsh did not initiate the litigation, and neither attacked the integrity of the declaration of trust nor sought to terminate the trust contrary *783to its terms. She merely tried to induce the courts…