McDow v. Lund

RENFRO, Justice.

This suit was brought by the executors of the will of W. D. Haden, deceased, to determine whether or not a trust exists under the will, in view of the widow’s refusal to accept under the will, and to determine the liability on the widow’s half of the community estate for a portion of the Federal Estate and State Inheritance taxes.

Trial was had to the court without a ■jury and the court found it was the intention of the testator and the meaning of the will that the trust set up in the will should not be defeated by the widow’s election to take her half of the community…