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PROCTER v. WOODHOUSE

No. 397.

241 A.2d 785 (1968)

Frederick W. PROCTER, Jr., Patricia Procter Mason, Joseph Leidy and Phyllis Palsgrove, Plaintiffs, v. Charles Douglas WOODHOUSE et al., Defendants.

Supreme Court of Vermont. Chittenden.

February 6, 1968.

Attorney(s) appearing for the Case

Paterson, Gibson & Noble, Montpelier, for Frederick W. Procter, Jr., Patricia Procter Mason, Joseph Leidy and Phyllis Palsgrove.

William E. Mikell, Burlington, guardian ad litem of born and unborn issue of F. W. Procter, Jr., Patricia P. Mason, Joseph Leidy and Phyllis Palsgrove.

Clarke A. Gravel, Burlington, for Farmers Trust Co.

Francis D. Foley and Joseph C. McNeil, Burlington, for all other defendants in cause.

John J. Deschenes, Burlington, guardian ad litem of any unborn issue of Charles Douglas Woodhouse and Muriel Jeffrey Woodhouse and their issue.

Before HOLDEN, C. J., and SHANGRAW, BARNEY, SMITH and KEYSER, JJ.

HOLDEN, Chief Justice.

This appeal concerns the construction of a trust agreement. On June 20, 1930, Lorenzo Easton Woodhouse and his wife Mary L. Woodhouse, referred to as the Donors, established a trust, naming the Farmers Trust Company of Burlington, Vermont, trustee. At the time the trust was created the donors had two children, Marjorie Woodhouse Leidy and the defendant, Charles Douglas Woodhouse.

The plaintiffs are the children of Marjorie. By way of...

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