Schmucker v. Walker

In this appeal, we consider a court’s authority to dissolve a testamentary trust before the time of termination expressed in the will.

Appellant, Grace Walker Schmucker, is the trustee of a testamentary trust created by her mother, Elizabeth Sawyer Walker. The appellees, * grandchildren of the testatrix, are the remainder-men-beneficiaries of the trust. They filed a bill for declaratory judgment alleging that the purpose of the trust had been accomplished and praying that the trust be terminated and the trust property delivered to them. In her answer, the trustee denied that the trust’s…