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ROBERTSON v. SURGENER

386 S.W.2d 468 (1965)

A. H. ROBERTSON et al., Appellants, v. Madelyne SURGENER et al., Appellees.

Court of Appeals of Kentucky.

January 29, 1965.

Attorney(s) appearing for the Case

H. M. Grigsby, Charles E. Montgomery, Springfield, for appellants.

R. L. Wathen, Springfield, W. Earl Dean, Harrodsburg, for appellees.

CULLEN, Commissioner.

The will of James C. McElroy, who died in 1942, gave his widow a life estate in his property. The will contained this provision:

"* * * on the death of my wife all of my Estate shall be held in trust for my grandson, James C. McElroy, III, by his Trustee and paid to him as in discretion of said trustee same may be needed."

The widow died in 1962. The grandson, who was nine years old when the will was

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