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BINNS v. VICK

No. 76-69.

538 S.W.2d 283 (1976)

Kenneth BINNS, Appellant, v. Earl VICK et al., Appellees.

Supreme Court of Arkansas.

July 6, 1976.

Attorney(s) appearing for the Case

John H. Wright, Hot Springs, for appellant.

Lewis & Mitchell, Hot Springs, for appellees.

GEORGE ROSE SMITH, Justice.

The executors of the will of Pearl Vick filed this petition for a construction of its residuary clause, which reads: "All the rest and residue of my estate, whether real, personal or mixed, I give, devise and bequeath [to] Kenneth Binns to distribute among my relatives as he sees fit." The probate court held that the testatrix intended to create a trust, but the beneficiaries were so indefinite that the attempt failed; so the residual estate...

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