D'Evereaux Hall Orphan Asylum v. Green

RODGERS, Justice:

This case involves the interpretation of a will, particularly as to whether or not the trustees named in the will can invade the corpus of the estate for the purpose of paying certain annuities specified in the will.

From the record on appeal in this case it appears that Charles F. Engle wrote a holographic will on October 1st, 1953. He wrote a codicil to this will on October 10th, 1953, and a second codicil on January 26th, 1955. A synopsis of the will is essential to establish a clear picture of the problem.

Engle’s wife was given all his property for life, the remainder at…