Gathright's Trustee v. Gaut

Opinion of the Court by

Judge Fulton

Reversing.

Under the will of Mrs. Emma E. Gathright, deceased, the appellees, Mrs. Emma Drabelle Gant and Mrs. Emma Carter Szabo, are entitled in equal parts to the income from her estate, which is held by appellant as trustee under her will. Mrs. Gaut is empowered to dispose by will of the portion of the estate from which she is receiving the income at the time of her death,, such disposition, however, to become effective only upon the death of Mrs. Szabo. Mrs. Szabo is also authorized to dispose by will of that part of the estate from which she is receiving…