192 N.W. 742 | S.D. | 1923
Plaintiffs, as executors of the last will •of Martha K. Harmon, commenced suit to determine identity of the beneficiary named in the will of William J. Ely, deceased. Decedent was a resident of Valley. Spring's, this state, for a number of years. The will was executed January 24, 1906. Testator died in March, 1912. The estate was duly probated in the county-court, Minnehaha county. The fourth paragraph of the will reads:
“All the residue and remainder of my estate * * * I give, devise and bequeath- to my niece, Martha K. Harmon, to hold in trust for the missions to g'o to the Freeman’s Aid of South Carolina.”
The residue of the estate, amounting to $6,000 or $7,000, was assigned in the final decree to said Harmlon, as trustee, for the Freedman’s Aid of South Carolina. "Said Harmon) who was formerly Martha K. Robinson, receipted for same August 11, 1914;
The order overruling appellants’ motion for new trial, and the judgment of the trial court, are affirmed.
Note — Reported in 192 N. W. 742. See American Key-Numbered Digest, (1) Appeal and Error, Key-No. 1012(1), 4 C. J. Sec. 2857; (2) Charities, Key-No. 3 2, 11 C. J. Sec. 6.1; Wills, Identification of Beneficiary, 10 R. -C. L. 1079.