Thomas v. Bryant

George W. Simmerman, a resident of Wythe county, died testate on June 28, 1939, leaving an estate consisting of both real and personal property valued at approximately $240,000. After a number of specific gifts for the benefit of his widow and others, he made the following provision, the validity of which is involved in the present controversy:

“Sixth: I direct my surviving Executor, after the death or remarriage of my wife, and the payment of the legacies hereinbefore mentioned, to apply and use all of the remainder of my estate in the building and maintenance of a home for destitute and…