Tarwater v. Baptist Orphans' Home

The bill herein was filed by the executors of W. R. Cotter for the purpose of having the heirs of testator and the Tennessee Baptists Orphans’ Home interplead with respect to which is entitled to his estate, valued at about $2500: The next of kin are brothers and sisters and representatives of such.

Testator, after providing for his wife during her life, directed that “the remainder of my estate go to the Baptist Orphans Home. ’ ’ His wife died in 1937. The chancellor held the involved item void for “lack of definite designation of beneficiary.” The Court of Appeals reversed and held the…