Guaranty Bank & Trust Co. v. RP BYRD

I disagree with the majority opinion and would not defeat *103the purpose of R. P. Byrd, Sr., the testator, to help orphans if he had no grandchildren by son George. And I emphatically would not frustrate Mr. Byrd’s intention manifested in his will that neither of his sons have title to his bounty free of trust.

R. P. Byrd, Sr., died on March 9,1928, shortly after he had executed his will. The will was construed by the late L. D. Lide in the case of Parker v. Byrd, et al., cited in the majority opinion. The late L. D. Lide, Judge of the Twelfth Judicial Circuit, was recognized at the time of his…