Eager's Guardian v. Pollard

Opinion of the Court by

Judge Clarke

Affirming.

This is an action to construe the will of T. T. Roberts, deceased, and the only question raised upon this appeal is whether certain funds in the hands of O. H. Pollard, trustee under the will, are distributable as income or constitute a part of the corpus of the trust estate.

The trust estate at the beginning consisted of about 800 acres of land in Lee county, and probably other lands with which we are not now concerned, and the will in explicit terms gives the trustee power to sell and convey same whenever in his judgment it is expedient to do so.

Th…