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IN RE ESTATE OF DE LESCAILLE

No. 54476.

187 N.W.2d 741 (1971)

In the Matter of the ESTATE of Hattie DE LESCAILLE, Deceased. DAVENPORT BANK & TRUST COMPANY, Trustee under the Will of Hattie De Lescaille, Deceased, Appellee, v. Raymond DE LESCAILLE, Jr., Appellee, William R. Stafford et al., Appellants. Raymond DE LESCAILLE, Jr., Appellee, v. DAVENPORT BANK & TRUST COMPANY, Trustee under Paragraph VI of the Will of Hattie De Lescaille, Deceased, Appellee, William R. Stafford et al., Appellants.

Supreme Court of Iowa.

June 17, 1971.

Attorney(s) appearing for the Case

McCracken & Carlin and Clemens R. Werner, Davenport, and Oppenheimer, Hodgson, Brown, Wolff & Leach, Saint Paul, Minn., for appellants.

Cook, Blair, Balluff & Nagle, Davenport, for appellee Trustee.

Doerr, Dower & Rehling, Davenport, for appellee Raymond De Lescaille, Jr.

UHLENHOPP, Justice.

This appeal involves the interpretation of provisions of a trust in a will.

The essential facts are these. The trust was created in Paragraph VI of the will of Hattie De Lescaille, whom we will call testatrix. The trustee is a bank.

Testatrix died a widow on April 27, 1930, survived by four children—Victor, Raymond, Mary, and Jules. Victor suffered severe disabilities and died in 1937 unmarried. Raymond, twice married, had...

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