Cox v. Fink & Jenson

Opinion of the Court by

Chief Justice Sampson

Reversing.

By this proceeding under the declaratory .judgment law the parties seek a construction of the third paragraph of the last will and testament of Lee Howell, who died a resident of Vanderburg county, in the state of Indiana, on the 3rd day of December, 1917, possessed of a large estate, including a tract of land in Henderson county, Kentucky.

After directing the payment of his just debts the testator directed that a trust fund of $40,000.00 be created from his estate and administered by his executor or an acceptable trust company for the use…