Blanchard v. Gilmore

Atkinson, Presiding. Justice.

(After stating the foregoing facts.) This case was previously before this court (Gilmore v. Gilmore, 201 Ga. 770, 41 S. E. 2d, 229), where it was held that the personal and discretionary powers conferred upon the original trustee nominated in the will of John D. Gilmore were not conferred upon the successor trustees appointed by the will of the original trustee.

The controlling question here presented is whether the will created a trust in favor of. the wife, which would necessitate the retention of the estate in the hands of the trustees; or whether the trustees…