Tyler v. Fidelity & Columbia Trust Co.

Opinion op the Court by

Judge Miller

Affirming.

Tbis is a suit to construe tbe will of Levi Tyler, wbo died on March 16, 1861, a resident of tbe city of Louisville. His wife, Eliza O. Tyler, bad theretofore died in 1840 Tbe testator left one son only, Henry S. Tyler, whose wife was Rebecca A. Tyler.

So much of tbe will as is pertinent to tbis inquiry is found in tbe fourth and fifth clauses thereof, which read as follows:

“4. It is my will and I hereby direct that out of the rents and profits of my estate.my said trustee and executor shall quarterly and'oftener if needed and necessary, appropriate…