Kirk's Adm'rs v. Massie

Opinion op the Court by

Judge Rees

Affirming.

This suit was brought by the administrators with the will annexed of James Alpheus Kirk, deceased, to obtain the construction of his will and advice and directions as to their duties with respect to the matter of paying out and distributing the funds in their hands. J. B. Kirk, a son of the testator, and A. D. Kirk, a collateral relative, were appointed administrators with the will annexed after the resignation of the executor named in the will.

James Alpheus Kirk died in July, 1939, a resident of Ohio county, leaving surviving him his widow, the…