This section contains the nature of the case and procedural background.

Testatrix's will left the residue of her estate to her grandchildren. It provided that any real property in the residue of the estate was to be maintained for the benefit of the grandchildren, and should not be sold until the youngest of them turned twenty-one. At the time of Testatrix's death, she had one son, and five grandchildren, all of whom were children of the son. The youngest of the grandchildren was born after the will was executed. The son and his wife planned to have more children. The court found that Testatrix intended to place the real property in trust for her grandchildren, rather than grant them a fee simple. Further, the court found that Testatrix's son, who was named executor of the will, was the trustee of the trust.

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