Marshall & Ilsley Bank v. Perry

The question is whether the carrying charges of the unproductive trust property are payable out of the principal thereof or whether they should be assumed and paid from the residue of the personal estate. Appellant contends that the order and judgment of the court under date of October 14, 1933, construes the will and determines that the carrying charges of the trust property are to be assumed and paid from the residuary personal estate, and no appeal having been taken, it is res judicata.

We consider the court did not intend to, nor did it, construe the will in the above order and judgment.…