First Huntington National Bank v. Colvin

Hatcher, Judge:

This is a suit to construe a will. The sole question presented is, can certain annuities, directed by the will to be paid from the income of a trust estate, be supplemented from the corpus of that estate so far as the income therefrom is insufficient to pay the annuities? The circuit court answered the question in the affirmative, and the residuary legatee and devisee appealed.

The will in question is that of W. T. Colvin. He devised and bequeathed the bulk of his estate to a trustee, mainly for the purpose of arranging the payment of certain legacies, and made! his nephew, H.…