Mercantile Bank of New York v. Ballard's Assignee

•JUDGE PEYOE

delivered the opinion of1 the court.

This appeal is from a judgment of thé Louisville Law and Equity Court, dismissing appellant’s peti*482tion. The right to the relief sought depends upon: the construction given certain provisions of the will of Charles W. Thruston. The mother of the appellee’s assignors was a daughter of the testator.

By the first clause of the testator’s will all of his-estate, real and personal, was devised ■ to A. J. Ballard and John R. Churchill, in fee-simple, upon the-trusts and for the uses therein expressed.

A farm owned by the testator was devised to his-son,…