Rentz v. Polk Ex Rel. Estate of Rentz

Littlejohn, Justice:

This action was commenced by petitioners, Lennis Kinard Rentz and Danny Rentz, against the respondent Myrtis R. Polk, pursuant to the Uniform Declaratory Judgments Act to construe and/or interpret the will of Aaron Eldred Rentz, deceased. Petitioners, who are the widow and son of the deceased, seek to invalidate a trust created in the will, under the terms of which respondent Polk (sister of deceased) was named both executrix and trustee. The lower court upheld the trust. Petitioners have appealed.

Under the terms of the will, certain duties are imposed upon the respondent…