Van Ornum v. Smith

Tihe facts in this case are stipulated. The defendant B. L. Smith was, on- January 5, 1922, named as executor of the estate of Emily Larrison-Bergen, deceased. To qualify he filed a bond executed by the defendant Western Surety Company. One paragraph of the will of Emily Larrison-Bergen is as follows: “Sixth: I direct that Five Hundred Dollars ($500.00), be placed on deposit on interest in the Conde Bank at Conde, South Dakota, and that the ¡interest from the same each year is to be used! by said 'bank for the upkeep and maintenance of the Larrison Lot in the Clark Cemetery, at Clark, Clark…