State Bank & Trust Co. v. Nolan

The defendant Vail claims that the absolute interest in what remains of the trust fund created by the will under consideration is vested in him, and that the remainder of the trust fund created by the will should be paid over to him. The two other groups in this triangular controversy insist upon a construction of the will which would result in the division of the fund among the grandchildren of the testator per stirpes, and arrive at this conclusion in several suggested lines of treatment of the subject. The argument of the defendant Vail in brief, is this: The will provides that in case any…