Todd's Executors v. Todd

Opinion op the Court by

Judge Rees —

Reversing.

The question presented in this case involves the validity-of a clause in the will of Paulina E. Todd who died a resident of Madison county in September, 1933. The portion of the will pertinent to the issue presented reads:

“The part of my estate devised to Romulus Todd is devised in trust to my executors, or if they decline to qualify, to some trustee to be appointed by the Madison County Court, upon the following-terms and conditions: Said trustee is to hold said property and make same profitable by safe investments. He is to use the income or…