Hammond v. Stringer

Griffin Smith, Chief Justice.

Appellants as heirs of Mrs. Janie Dilbeck sought a decree vesting in them unascertained interests in the estate of the testatrix. They alleged that the express trust created by the will had failed in part in that the fund specifically set aside for the designated purpose was in excess of anything the testatrix could have contemplated, therefore as to such surplus Mrs. Dilbeck’s heirs at law should share according to the degree of relationship.

The will, after making nominal bequests, directed the executors (one of whom had died at the time of suit) to convert real…