Freund v. Schilling

— This is a suit brought by plaintiff, as trustee under the will of Martin Mahnken, deceased, seeking direction from the court as to in what manner to dispose, under the will, of a fund in his hands as such trustee. The court construed the will contrary to the contention of some of the defendants and they have appealed.

The facts show that Martin Mahnken died testate at Salt Lake City, Utah, in September, 1925, leaving a will, one of the provisions of which reads as follows:

‘‘I give and bequeath to James D. Freund, of Cole Camp, Missouri, the sum of nine thousand dollars and I direct my…