Lenahan v. Lenahan

Among other things the appellant contends that the part of the final judgment of September 1, 1942, assigning the residue of the personal property of the testator in trust is coram non judice and void. It is her claim the testator did not contemplate setting up a trust and that the words of paragraph three did not create a trust, and since, on the date of judgment, the county court in probate had jurisdiction only over testamentary trusts, the creation of a trust by the judgment was an act beyond its jurisdiction.

The only persons interested in this estate, with the possible exception of…