Myers v. Davis

Clay, Commissioner

Affirming.

Tbis is a declaratory judgment action seeking the construction of a will and tbe rights of the Trustee in handling a charitable bequest. The heirs at law claim the fund on the ground that the charitable purpose failed. The Chancellor adjudged that it could be carried out as proposed by the Trustee.

Item 5 of the will of Charles F. Weaver, executed as a codicil in 1932, provides as follows (our italics):

“Fifth: All the remainder of the said trust estate, I direct my said Trustee to use and expend as a fund for the construction or maintenance of a Library Building or…