Mercantile Trust Co. National Ass'n v. Brown

FINCH, Judge.

Plaintiff, trustee under the will of Samuel E. Hoffman, deceased, brought this declaratory judgment action seeking instructions as to the proper allocation of undistributed assets in the residuary trust created by that will. Clause Thirteenth, which created the trust, provided that the income therefrom should be paid to Ruth Scott, a niece, for life, and then to her daughter, Louise Scott Simpkins, for life, after which the trust terminated and was to be distributed “to the descendants of my aforesaid grand-niece, if there be such descendants.” Ruth Scott died in 1950 and Mrs.…