Atzinger v. Berger

Opinion op the Court by

Judge Lassing

'Affirming.

The will of John W. Wallace was probated in 1883. In the fifth clause thereof, the testator devised to Thomas H. Wallace and Austin Peay certain property, in trust, for the use and benefit of hlis daughter, Caroline K. Wal*801lace. The same parties were named as executors of the will. Austin Peay did not qualify as executor and declined to accept the trust for the benefit of Caroline K. Wallace, but Thomas H. Wallace did qualify. The property so devised consisted of an undivided one-third interest in unimproved real estate in Louisville. In 1887, the…