Clarke v. Kirk

LAMBERT, Justice.

This Court granted discretionary review of the opinion of the Court of Appeals in an action for declaration of rights under the will of James Rees Kirk. At issue before this Court is the construction of a trust provision in the decedent’s will.

James Rees Kirk died testate in 1973. His will, which was executed in 1956, together with codicils executed in 1963 and 1969, was duly probated. The codicils to *937the testator’s will are not before us for construction.

We are called upon to construe a trust provision which appears in the testator’s will. In general, this provision provides…