Biggs v. Fidelity & Columbia Trust Co.

Opinion op the Court by

Judge Thomas

— Reversing.

On January 31, 1889, Andrew Biggs died testate; a resident of Jefferson county, Ky., having executed his will 19 days prior thereto on January 12, 1889. He left surviving him five children, one son and four daughters, neither of whom had children at the time of his death, but all of them later had children, except a daughter, who married a man by the name of Musselman, and who died childless and without grandchildren on May 19, 1936.

Following the death of the testator his will was duly probated in the Jefferson county court — it disposing of what…