Mulligan v. First National Bank & Trust Co. of Lexington

PALMORE, Judge.

The will of Mary E. Stevenson, written in 1953, left the residue of her estate in trust for the Lexington Humane Society and provided that if this gift should fail the money was “to be divided equally between the National S. P. C. A. and Defenders of Fur Bearers — Washington, D. C.” In an action brought by the executor to construe the will the Fayette Circuit Court found these provisions to be incapable of execution and held that the funds in question passed by intestacy. On appeals by the Lexington Humane Society and the Defenders of Furbearers this court affirmed the judgment…