Smith v. Judge

The opinion of the court was delivered by

Hutchison, J.:

This appeal involves the interpretation and construction of two wills, particularly with reference to the authorized method of disposing of property as gifts for charitable and religious purposes, whether by conveyance or transfer inter vivos, or by will of the donee.

The action was commenced by the executor of the estate of the donee under the first will asking for an interpretation and instructions as to distribution of the property involved, making legatees and devisees under both wills parties defendant. The trial court held the first…