Johnson v. Wheeler

The first count of the petition in this case seeks a construction of the will of George A. Wymore, deceased; assails as void two testamentary charitable trusts declared therein; prays a decree requiring the two defendant trustees of said trusts to surrender to the heirs of the testator all of the net assets of his estate; and also that the title to his real estate be vested in the heirs. The second count prays for partition of the real estate by sale and a division of the proceeds among the heirs. ,One of the two trusts set up a fund of $1000 for the upkeep of a cemetery. The other, covering…