Riley v. Kirk

Plaintiff, as the present trustee in charge of a trust fund created by the will of William Kirk, deceased, brings this action to construe the trust clause in said will in order that he may know to whom he should distribute the same, now that the object of the trust has been accomplished.

William Kirk died, testate, July 1, 1887, leaving his widow, Eliza A. Kirk, and three children, Theophilus Kirk, William T. Kirk, and Eva K. Thompson. His will was duly probated. Theophilus Kirk was made the executor thereof and duly administered and settled said estate.

The will directed the executor to…