Elwin Donald Brenneman, Margaret Zoe Hemmingson and Barbara Esterbrook v. Nancy Ruth Hockett Bennett and Elizabeth Anne Hockett Mayer

MATTHES, Circuit Judge.

This case presents the troublesome problem of construing an instrument executed in 19181 by Christian and Sarah *21Nysewander, husband and wife (hereinafter Christian and Sarah). The controversy is between the natural children (appellants) of Bertha Elizabeth, one of the daughters of Christian and Sarah, and the adopted children (appellees) of Nancy Ethel, the other daughter of the Nysewanders. The specific question in issue is whether the 1918 instrument created an irrevocable trust entitling the appellees to an interest in the trust res. The district court held that such…