Schauf v. Thomas

The opinion of the court was delivered by

Schroeder, J.:

This is an action by the life beneficiary of a testamentary trust to recover the accumulated undistributed income held by the trustee. The district court found generally against the life beneficiary and appeal has been duly perfected.

The primary question concerns the interpretation of the testatrix’ will.

The facts are not in dispute and have been stipulated.

On January 9, 1950, Michael P. Schauf died testate leaving as his heirs, his widow, Mary K. Schauf, and three daughters, the plaintiff and defendants herein. His will dated November 3,…