Montgomery Ward & Co. v. Norton's Trustee

Opinion of the Court by

Judge Dietzman

Affirming-

Prom a judgment declaring tlie rights of the parties in a suit brought under the Declaratory Judgment Act (Civil Code of Practice, sec. 639a-l et seq.) this appeal is prosecuted.

There is no dispute as to the facts. G-eorge W. Norton, Sr., died testate on July 18, 1889. So far as pertinent to the issues here involved, his will devised to trustees certain property on the west side of Fourth street, between G-reen and Walnut streets, in the city of Louisville, Ky., to hold and collect the rents and profits until the death of all of his descendants…