Lorenz
Smith v. Lorenz
Opinion
Lead Opinion
Britt, J.
Appeal by three married daughters of Henry Lorenz from the order or decree of the court below making final distribution of the estate of their deceased father. The decedent left a will, by the terms whereof he gave to his surviving wife an estate for her life in all the property, real and personal, of which he had power of testamentary disposition, with remainder over to his ten children in shares and upon conditions stated in the will. The provision for appellants, so far as material to be stated here, was as follows: An undivided one-tenth of the remainder upon termination of the life estate was given to F. J. Lorenz, eldest son of the testator, “to hold in trust,” such is the language of the will, “for my daughter Christina Smith, such trust to continue during the life of her husband”; the like disposition was made in favor of each of the other appellants by name; in case of the death or disability of said F. J. Lorenz, then John N. Lorenz, another son pf the testator, was appointed trustee in his stead; the trustee was authorized to sell and convey such portions of the trust property as in his judgment the interests of the beneficiaries of the trust might require; he was also…