Huntoon

This is an action in equity brought by the plaintiff as an heir at law and one of the legatees and devisees under the last will and testament of her mother, Mary Moser, deceased. The suit was brought against the various defendants for the purpose of declaring a trust in certain parcels of real estate and directing the defendants to convey the legal title to said property to the estate of Mary Moser, deceased, and for general relief. The complaint alleges that Mary Moser died testate on November 20, 1926, and that the defendant Edwin L. Head, a son of decedent, is the administrator with the will annexed of her estate. The complaint sets up' a trust deed executed by the decedent to the defendant Southern Trust & Commerce Bank, duly recorded, the important portion thereof reading as follows:

The complaint then states that the Southern Trust & Commerce Bank claims to have a letter of instructions which accompanied said deed, reading as follows:

Paragraph XIII of the complaint alleges that the real estate involved was not sold and conveyed in accordance with the purported instrument creating the trust, in that it was not sold immediately or within a reasonable time, and in that it…