Kirkpatrick v. Kirkpatrick

The opinion of the court was delivered by

Burch, J.:

The action was one to construe a will. A demurrer to the petition was sustained, and the plaintiff appeals. A copy of the will is appended to this opinion.

*315The plaintiff contends that the trust created by the seventh subdivision of the will is void, that the real estate forming the corpus of the trust estate was not disposed of by the Will, and that the plaintiff succeeds to his share of it, as a son of the testator, by virtue of the statute of descents and distributions.

One ground of the demurrer was that the plaintiff lacks capacity to call…