State Bank & Trust Co. v. Patridge

Opinion of the Court by

Judge Thomas

-Reversing.

In December, 1920, Delia E. Patridge died testate and a resident of Madison county. Sbe bad never married and consequently left no descendants, and ber only surviving collateral beir was ber-brother, tbe appellee and plaintiff below, E. E. Patridge. After tbe will was duly probated be filed this equity action in tbe Madison circuit court against tbe executor, tbe defendant and appellant, State Bank and Trust Company, to obtain a *404construction of the will, and in his petition he alleged that its last and residiiary clause was void for uncertainty,…