Elliott v. Griffin

The National Bank and Trust Company, executor and trustee under the will of John Frank Elliott, IV, deceased, sought a construction of the will of John Frank Elliott, deceased. This appeal questions a final decree of the court below holding that the interest of John Frank Elliott, IV, in a testamentary trust created by his grandfather (John Frank Elliott) vested upon the death of his father (John Frank Elliott, III) and was therefore subject to be devised by his will.

John Frank Elliott died testate on September 14, 1934, survived by his wife, Earline Holt Elliott, and two children, John Frank…