Stearns v. Richardson

Trustee Stearns’ cotrustees submit that he is ineligible to appeal, being a minority of the body of trustees whom the will has directed to proceed by majority action and, further, that he is not an aggrieved party. It is unnecessary to consider these objections because the Foundation’s appeal brings before us the same questions which appellant Stearns propounds and the elimination of Stearns would not dispose of the appeal. The issue is whether the Foundation is to receive the property in question as a testamentary trustee or whether it takes it free from the imposition of any trust.

The…