National Bank of Fairmont v. Kenney

Kenna, Judge:

The National Bank of Fairmont, as administrator, etc., of the will of Ella Horan, filed a bill in equity under section 7, article 3, chapter 41 of the Official Code of 1931, in the circuit court of Marion county seeking a construction of the testatrix’ will. After providing a life estate for her husband, Lawrence Horan, who died before she did, the will disposes of the entire estate by placing it in trust, for certain purposes, and then proceeds to make disposition of the corpus under the following provisions:

“3. Should my husband, Lawrence Horan, survive me, I desire that he…