Street v. Cave Hill Investment Co.

Opinion of the Court by

Judge Clay

Reversing.

Eliza Webb died on November 8, 1917', leaving a will wbicb was duly probated by tbe Hancock county court. Only the following clauses of the will are material to this controversy:

“Item 11. To the Cave Hill Investment Company, one thousand dollars, the income from which is to be used for keeping my lot in that cemetery in good condition, but should the monument thereon be damaged or destroyed, then part of this amount shall be used to replace it and then the balance shall he used for keeping the said lot in good condition.”

“Item 16. All the farm land…