Gano v. McCunn

Lawrence, J.—

This action is brought by the plaintiff, as the executor and trustee under the last will and testament of the late John H. McCunn, to obtain a construction of said will and an adjudication as to the validity of the fifth clause thereof, it being alleged by certain of the heirs at law that the said clause is void as contravening the provisions of the statute in relation to the suspension of the power of alienation (1 Rev. Stat. [Edmonds], p. 672).

The clause in question reads as follows: Fifth. “ I give, devise and bequeath.to my executor and executrix hereinafter named, and to the…