Buxton v. Noble

The opinion of the court was delivered by

Wedell, J.:

This action was brought by testamentary trustees under the last will and testament of Edward A. Noble, deceased. The action was commenced after the estate of Edward A. Noble had been administered, and in order to obtain a construction of his will. The trial court found the will created a vested, and not a contingent, remainder in four residuary legatees and devisees mentioned in paragraph nine of the will. From that ruling plaintiffs appeal.

They contend the will created a contingent remainder, and since only one of the remaindermen, Paul L.…