MULLIGAN v. FIRST NAT. BANK & TRUST CO. OF LEXINGTON


351 S.W.2d 59 (1961)

James Jackson MULLIGAN et al., Appellants, v. FIRST NATIONAL BANK & TRUST CO. OF LEXINGTON, Ex'r, et al., Appellees.

Court of Appeals of Kentucky.

November 3, 1961.


Attorney(s) appearing for the Case

Robert M. Odear, Stoll, Keenon & Park, Lexington, for appellants.

John L. Davis, Lexington, for First Nat. Bank & Trust Co.

Frank L. McCarthy, Lexington, for Mrs. Robert E. Petsch.

Henry T. Duncan, Allen, Duncan, Duncan & Arnold, Lexington, Shackelford & Burnam, Richmond, for Willoughby Mulligan and Marion Ross.

Gess, Mattingly, Saunier & Atchison, Lexington, for American S. P. C. A.


PALMORE, Judge.

The will of Mary E. Stevenson, written in 1953, left the residue of her estate in trust for the Lexington Humane Society and provided that if this gift should fail the money was "to be divided equally between the National S. P. C. A. and Defenders of Fur Bearers — Washington, D. C." In an action brought by the executor to construe the will the Fayette Circuit Court found these provisions to be incapable of execution and held that the funds in...

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