Probasco v. Clark

GILBERT, Chief Judge.

It is highly doubtful that when Herbert L. Armstrong created a simple testamentary trust leaving an income to his son for life and the remainder to a church that he foresaw that such a straightforward bequest would lead to this litigation. 1

This case is a variation of the old saw, “Where there is a will, there are relatives.” Here there is a relative who seeks to uphold the provisions of a testamentary trust and a remainderman that desires to accelerate its acquisition of the corpus of the trust. The concept of the old adage, nevertheless, remains the same.

From the record…