Dible

Petitioner herein seeks a writ of supersedeas to stay the enforcement of the order of the probate court denying her the relief which she sought by her petition for instructions as cotrustee of the testamentary trust created by the will of Florence E. Colyear, deceased. Said will was admitted to probate on August 17, 1953.

This will provided that, although petitioner and her brother were to act as cotrustees with broad powers to deal with the corpus of the trust, as to certain corporate stock which constituted the major asset of the trust and which constituted a majority of the stock of the Colyear Motor Sales Company, the voting rights were not given to the present petitioner but rather were vested exclusively in her original cotrustee or in certain other named persons as his successor in the event of his death or incapacity. These testamentary provisions were specifically incorporated into all subsequent orders of the court including: (1) “Decree Determining Interests in Estate” entered November 17, 1958; (2) “Order Made Pursuant to Compromise, Agreement and Stipulation Re Petition to Remove Executor” dated July 3, 1960; (4) “Order Appointing Fred E. Nolen as Successor…