First Nat. Bank of Brunswick v. Stewart

Wyatt, Presiding Justice.

The question presented here for decision is whether, under the provisions of the will of Valeria Hill Stewart, set out in the statement of facts, the two named persons were vested with a fee-simple interest upon the death of Valeria Hill Stewart, or whether there was a resulting trust to the heirs of the testatrix. The plaintiffs in error spend much time and argument on the question of distinguishing between executed and executoiy trusts and on classifying this trust as one or the other, and also cite many cases dealing with the proposition that a gift of the income…