In Re Estate of Sherk

1 Reported in 253 N.W. 365. The appeal is from the judgment and decree settling and allowing the final account of the executor. The particular part of the decree attacked is that confirming the payment of $159,000 by the executor to the trustee as part of the trust created under the sixth paragraph of the will of the decedent. Appellant claims the sixth paragraph of the will to be void. The paragraph reads:

"Sixth: I give, devise and bequeath to the Mankato Loan and Trust Company, of Mankato, Minnesota, the sum of two hundred thousand dollars, in trust for the following purposes, to-wit: To…