First National Bank and Trust Company v. Finkbiner

Plaintiffs, as the remaindermen of an inter vivos trust, commenced an action for a declaratory judgment and other relief against the bank, as trustee, and against Becky Boehler, as the life beneficiary, claiming that the trustee was administering the trust in violation of the rights of the remaindermen. The basis of plaintiffs claim to a large extent is dependent upon the power conferred upon the trustee by a provision in the trust authorizing the trustee to invade principal for the proper care and support of Becky. The joint answer and counterclaim of the defendants also requested the court to construe such provision and determine the rights, duties, and legal relation of all the parties to the - Page 226 action. The judgment entered by the trial court failed in certain respects to satisfy either the plaintiffs or the defendants and as a consequence both parties have appealed.