Old National Bank And Union Trust Co. V. Hughes

BLAKE, J. -- Plaintiff, as trustee under a declaration of trust executed by George W. Hughes on September 25, 1908, brought this action, praying that the court construe the trust agreement and "instruct . . . as to the manner and to whom [the] trust corpus should be distributed." Plaintiff is successor to W.J.C. Wakefield, who was designated trustee in the declaration of trust and acted as such until has death in 1931. The defendants in the case are nephews, nieces, and grandnieces of the settlor of the trust. The question for determination on this appeal is what, if any, rights the grandnieces have under the trust agreement. Except for a negligible interest in income, the trial court held they had none. From a decree directing that the trust estate be distributed to the nieces and nephews to the exclusion of the grandnieces, the latter appeal.