Fisher v. Melton

Judge Lewis

dissenting.

I dissent.

This is a matter of interpretation of the intent of the Testator to be drawn from the four corners of the will.

*733There are several references which I believe indicate that the Testator created an indefeasible vested remainder in all three trustees and thus to their present heirs. The relevant references are:

8(g) ... I give, devise and bequeath to the said Thomas 0. Fulghum, W. B. Melton and Addison Hoyt Smith, or the survivor or survivors ... in equal shares in fee simple.

8(h) . . . compensation, to be taken out of the funds of this trust. . . , taking into…