Bakewell v. Mercantile Trust Co.

MATTHES, Judge.

This case comes to the writer on reassignment.

This is a declaratory judgment action to construe the will of John Scullin, particularly the third paragraph of Item II thereof, which provides for the appointment of a successor-trustee in the following language:

“In the event of the death of my son, or of the said Gilbert, or of the inability of them or either of them to act, or in the event of the retirement from business of the Mercantile Trust Company, or the removal of any of said trustees, then a successor or successors shall be appointed and such successor or successors shall…