Schuler v. Cobeen

The guardian ad litem contended before the trial court and now contends (1) that under the terms of the wilkthe widow is entitled to use only the income from the personal property in the estate and that she is not entitled to use or otherwise dispose of any of the principal thereof; (2) that by implication a trust is created for the benefit of the life tenant and remaindermen, and that a trustee should be appointed to carry out the terms of the will and conserve the assets for all beneficiaries; (3) that the jointly owned property is to be included in the trust.

On the other hand, the widow…