Brunton v. Bank

Full title: BRUNTON ET AL. v. UNITED STATES NATIONAL BANK, TRUSTEE, ET AL

Court: Supreme Court of Colorado. En Banc

Date published: May 6, 1935

47 P.2d 395 (Colo. 1935)

47 P.2d 395

Opinion

No. 12,791.

Decided May 6, 1935. Rehearing denied July 1, 1935.

Proceeding to procure a decree interpreting and construing the language of a trust indenture. Decree for plaintiffs.

Reversed.

1. APPEAL AND ERROR — Hypothetical Questions. This case ruled by the opinion in the case of Brunton v. Trust Co., 97 Colo. 49.

Error to the District Court of the City and County of Denver, Hon. Frank McDonough, Sr., Judge.

Mr. LAWRENCE LEWIS, Mr. RICHARD C. PALMER, Mr. FRANCIS J. KNAUSS, for plaintiffs in error.

Messrs. PERSHING, NYE, TALLMADGE, BOSWORTH DICK, for defendants in error.

MR. JUSTICE HILLIARD delivered the opinion of the court.

THIS case was argued with Brunton v. International Trust Co., 97 Colo. 49, 47 P.2d 394, decided this day. It is to be distinguished only in that the trust involved was made by Katherine K. Brunton, wife of David William Brunton, and mother of the immediate beneficiaries named in each trust, and a different trustee is selected. For the reasons assigned in our decision in that matter the judgment herein should be reversed and the trial court directed to dismiss the suit.

Let it be so ordered.

MR. JUSTICE HOLLAND and MR. JUSTICE YOUNG not participating.