Nashville & American Trust Co. v. Baxter

Mr. Justice, McKinney

delivered the opinion of the Court.

The bill herein was filed on March 23, 1933, by the Nashville & American Trust Company, successor of the American Trust Company, executor and trustee under the will of Mrs. Sue Perkins Allen, for the purpose of having' said will construed, and for directions in the administration of her estate.

The record before us presents the single issue as to whether five trust legacies shall abate on account of a deficiency of assets to pay all legacies in full. The chancellor answered this issue in the negative, and the Court of Appeals in the…