Szombathy v. Merz

Julius Merz died testate on December 12, 1934, survived by his widow, the plaintiff, who has since remarried. He had no descendants and his nearest relative surviving him is his only brother, Adolph Merz, one of the defendants. On November 28, 1934, Julius Merz executed an instrument purporting to convey the major portion of his property to the Tower Grove Bank and Trust Company and himself as trustees. This instrument reserved the income during his life and provided, among other things, that his widow after his death should receive $200 per month during her life. The trust fund consisted of…