Mandeau

This case involves an appeal taken by certain beneficiaries of a testamentary trust from an order of the probate court instructing the trustees of that trust to distribute the share of Dr. Moritz Newmann, a deceased beneficiary, to his estate rather than to appellants. The appeal is resisted by the representative of the estate of Dr. Newmann and by the residuary beneficiary under his will. Although the trustees entered a formal appearance before this court, they expressly took no position on the merits of the appeal.

Pursuant to the will of Leo J. Newman, a decree of distribution was entered establishing Trust A (and Trust B which is not involved in the appeal). The decedent’s widow, Sophie Newman, was named as life tenant of Trust A and various persons were named as remaindermen. The Bank of America National Trust & Savings Association and Lothar Prank were named as cotrustees. The income from Trust A was payable to decedent’s widow, Sophie Newman, for her life. The decree of distribution then provided:

The decree of distribution went on to dispose of the remaining one-half of Trust A and then provided: “Both Trust A and Trust B shall terminate upon distribution of all their…