Kuntze v. Guaranty Trust Co.

The trust agreement, the revocation of which the plaintiffs seek in this action, is for a term of ten years. It provides for the payment of the income to the donor’s mother during the period of the trust. If the donor’s mother predeceases him during that period, the trust terminates and the principal, together with any accrued income, is to be paid to the donor. If the donor dies before his mother and without issue during the term of the trust the principal is to be “ divided equally, share and share alike, between donor’s mother and donor’s wife.” On account of this provision the trustee…