McClelland v. Johnson

Head, Justice.

The testator by the terms and provisions of Item 4 (A) of his will established a “marital trust,” and by Item 4 (B) established a “residuary trust.” The trial judge gave effect to the will as it was written, and as shown by the quoted excerpt in the statement of facts from Item 4 (A), by reducing the amount subject to the marital trust by one-half of the estate passing directly to the wife. The plaintiffs in error, under the construction contended for by them, would omit the word “one-half,” and, in place of reducing the amount to be included in the marital trust by one-half of…