CARROLL v. HASTINGS COLLEGE

No. 34893.

108 N.W.2d 223 (1961)

172 Neb. 20

Wayne T. CARROLL and Thomas L. Carroll, Trustees of the Testamentary Trust created under the will of Thomas L. Carroll, Deceased, Appellants, v. HASTINGS COLLEGE, a corporation, et al., Appellees.

Supreme Court of Nebraska.

March 24, 1961.


Attorney(s) appearing for the Case

Spier, Ellick & Spire, Omaha, for appellants.

Harry F. Russell, Hastings, Morsman, Maxwell, Fike & Sawtell, Omaha, William S. Padley, Gothenburg, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, WENKE, SPENCER, and BOSLAUGH, JJ.


SPENCER, Justice.

This is an action by Wayne T. Carroll and Thomas L. Carroll, two of three testamentary trustees, to construe the will of Thomas L. Carroll. The question involved is whether a majority of the trustees have the authority to use both income and corpus of the trust to increase the specific amounts payable to the beneficiaries of the trust.

The trial court in substance construed the will to permit the trustees to increase the specific amounts...

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