IN RE SHURTZ'S WILL

No. 47825.

46 N.W.2d 559 (1951)

In re SHURTZ'S WILL.

Supreme Court of Iowa.

March 6, 1951.


Attorney(s) appearing for the Case

Keenan, Clovis & Harris, of Shenandoah, for appellants Beatrice Gass and Audrey Bening.

Ferguson & Ferguson, of Shenandoah, for appellee and cross-appellant Mark Eischeid, as trustee.


GARFIELD, Justice.

This is a controversy between a trustee and, apparently, his sister who receive the income from the trust, on one side, and two owners of remainder interests (1/6 to each) as to whether certain expenditures of the trustee are chargeable to principal, as the trustee maintains, or to income, as the remaindermen contend. The trial court prorated most of the expenditures between principal and income. Both trustee and remaindermen have appealed.

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