Hooberry v. Harding

Cooks, Sp. J.,

delivered the opinion of the court.

The questions involved in this record arise upon a proper construction of the will of Rachael Stump, deceased, which contained the following clause:

“I hereby give, devise and bequeath to my friends Wxa. G. Harding and John Shute, jr., and my brother Philip Shute, and the survivors or survivor of them, and to the heirs of such survivor, his executors, etc., all the' residue of my estate not necessary for the payment of my debts, whether real, personal or mixed, to have and to hold upon trust nevertheless, and to and for the uses, trusts and…