Marshall's Trustee v. Marshall

Opinion op the Court by

Commissioner Hobson—

Affirming.

John Marshall died a resident of Jefferson county in the year 1922, leaving surviving him his wife, Mary Barrett Marshall, and his son, John Marshall, Jr. By the first clause of his will be appointed the Fidelity & Columbia Trust Company as executor and trustee of the will. By the second, third, and fourth clauses he devised certain personal property to his wife and to his son; then follow these provisions:

“Fifth: All the rest and residue of my estate, of whatever kind, in possession and remainder, I give and devise unto the Fidelity &…