Bartsch v. Wirth

HORTON, Chief Judge.

The appellant, Adeline Bartsch, plaintiff below, sought to enforce a trust agreement made by Anton Wirth with the Little River Bank and Trust Company as trustee, and herself as beneficiary. The agreement provided that upon the death of Anton Wirth, the trust should be terminated and the assets distributed to appellant. After the institution of this action, Adalbert Wirth, appellee, and nephew of Anton Wirth, was permitted to intervene, and by answer and cross claim, sought to have the trust agreement declared null and void because of alleged undue influence practiced upon…