James C. McFerran & Co. v. Fidelity Trust Co.

Opinion- of the Court by

Judge Hobson

Reversing.

The Fidelity Trust Company of Louisville is trustee under the will of James C. McFerran, Sr., of a fund devised by the will to James C. McFerran, Jr., the- son of the testator, and his children. This suit was filed by the trustee to obtain the direction of the chancellor as to the powers of the trustee under the will. ■ The facts upon which the controversy turns are these: J ames C. McFerran died in 1885; his son, J. C. McFerran, Jr., at that time had separated from his wife, May Viley McFerran, and had two children. In the year 1887, he was di*537vorc…