Scott v. Gillespie

The opinion of the court was delivered by

West, J.:

The trustee in bankruptcy of the estate of Oliver. R. Gillespie brought this suit to have construed the will of Oliver’s father, alleging that the bankrupt was owner of a tenth interest in the land covered by the will, which interest should be counted a part of his estate on account of his *746mother’s having taken a life estate with power to sell, instead of a fee simple title as claimed by the defendants; and that he had been ordered by the referee in bankruptcy to bring this suit in order to determine the proper interpretation of the instrument.