Mercantile-Safe Deposit & Trust Co. v. Hearn

GILBERT, Chief Judge.

When Catherine Allison Hodgson died on January 11, 1981, she left a will, an estate valued in excess of $2,500,-000, a number of specific bequests, two trusts, and two co-personal representatives. One of the co-personal representatives is also the beneficiary under one of the trusts. The other co-personal representative is the trustee of that trust. The instant litigation is between the corporate co-personal representative and the individual co-personal representative in his capacity as a beneficiary of a trust. 1

The Controversy

The underlying facts are not disputed and…