State Ex Rel. Koontz v. Wells

This is a suit in equity to recover an alleged trust fund alleged to be wrongfully withheld from plaintiff. Plaintiff recovered a money judgment against the defendants in the sum of $5,023.30. After moving unsuccessfully for new trials, the defendants bring their joint appeal to this court.

The pertinent facts and proceedings giving rise to this controversy are as follows:

In 1905, George P. Whitsett made his will, the material part of which is:

“I hereby give, devise and bequeath unto my wife Lavina Ann Whitsett all my property of which I may die seized of every kind, class and description…