Abbott v. Everett Trust & Savings Bank

Plaintiff prays that the residue of an estate, in defendant’s possession as testamentary trustee, be delivered to her. The gravamen of plaintiff’s theory is that the testamentary trust is invalid.

A demurrer was sustained to plaintiff’s complaint and the action dismissed. Plaintiff appeals.

Decedent died testate. Her furniture, household goods, and personal effects were bequeathed to her daughter. The executor was authorized to sell any real property. After payment of her just debts, the remainder was to be distributed to the Everett Trust and Savings Bank as trustee. The will provides:

“The…