Corn Exchange National Bank & Trust Co. v. Jones

Opinion by

Baldrige, J.,

This sci. fa. sur mortgage was tried before Judge Lewis, without a jury, who found for the plaintiffs. This appeal followed.

The essential facts may be summarized as follows:

Jonathan Powell died in 1882, appointing, in his will, three executors and trustees. In the third paragraph, he gave, devised and bequeathed all his residuary estate to his executors, “their heirs and assigns in trust,” etc. The twelfth paragraph provided as follows: “It is my will and desire that the number of my executors and trustees under this my will, shall not be less than three, and if from…