In Re Zech's Estate

This appeal is from the allowance of a claim filed against the estate of a deceased trustee by his successor in’ trust.

In 1905 Priederike Zech conveyed real property to her son Herman A. Zech in trust for the benefit of her son William Zech. The trust indenture empowered ■ Herman to use the corpus and income of the trust for the maintenance and support of William. Herman died in 1939 and thereafter, in a proceeding carried on under SDC 59.0220, the circuit court appointed claimant as his successor in trust. The claim under consideration is for a sum equal to the rents and profits of the land…