McMillan v. Peters

'OPINION OF THE COURT BY

BANKS, J.

This is a suit in equity brought by the complainant, in which she seeks to have herself decreed to be the owner and entitled to the immediate possession of a certain proportion of the accrued income derived from property devised in! trust by one Oharles Notley, now deceased. The circuit judge before whom the issues were tried entered a decree granting the complainant the relief prayed for. The respondents bring the case here on appeal.

The uncontradicted evidence discloses that Charles Notley, on the 18th day of May, 1899, executed his last will and testament…