This section contains the nature of the case and procedural background.

The trusts in question were created by the wills of Enoch and Nellie Peterson who died in a common disaster. They were for the benefit of Mrs. Peterson's parents with remainderman to the life estate. Mrs. Peterson's cousin, as trustee had power to distribute income and principal to the two life beneficiaries entirely according to his own judgment and discretion. In five years since the trust was created its income was $7,500 and $600 had been paid out to plaintiff and his now deceased wife.

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