WILTROUT, Judge.
This action was instituted by the appellee trustees under the last will and testament of Stephen C. Taber, deceased, wherein they request a construction of the will so that their duties, as well as the rights of the parties, may be determined. A change of venue was taken from the Cass Circuit Court to the Pulaski Circuit Court.
The court found the facts specially and stated conclusions of law thereon. The findings of facts are not questioned, the questions presented here going only to the conclusions of law stated thereon.
Stephen C. Taber executed his will on January 28, 1892, and on later dates executed three codicils thereto. Only the first of these codicils, executed in 1905, has a bearing on the questions presented.
The court found that testator died in 1908, leaving no widow, but leaving as his sole and only heirs at law two sons and a daughter. The daughter, Lovina Taber, was born in 1861. On June 25, 1887, she became an inmate of a private institution for nervous and mental diseases, and remained there until her death in 1948. She suffered from a disease commonly known as dementia praecox, with which she was afflicted from the time of her admission to the institution. She was, from the time of her admission, permanently and incurably insane and wholly incompetent to enter into a contract of marriage or to give birth to legitimate children, of which facts testator had knowledge. Testator instituted a proceeding to have his daughter adjudged a person of unsound mind and incapable of managing her estate. Pursuant to this application the daughter was so adjudged on February 22, 1892, and testator was appointed her guardian.
That part of the will and first codicil here involved read as follows:
'First: I give and bequeath to my two (2) sons George C. Taber and Charles E. Taber and to the Survivor of them in Trust and as Trustees for my daughter Lovina Taber Seventy Five Thousand Dollars ($75,000.00) of the Principal of my United States Four (4) per cent Bonds maturing in the year 1907 and now registered in my name and I direct said Trustees or the Survivor of said Trustees to procure and cause all of said Bonds so given and bequeathed in Trust to be registered in their names or the name of their Survivor as such Trustees or Trustee for said Lovina Taber. I direct said Trustees and the Survivor of said Trustees to apply and expend as much of the interest and income arising or accruing from said Bonds or from any Securities or Investments or Property whatever belonging to said Trust to and for the good and sufficient Care and Support and Comfort and medical and other Treatment of my daughter Lovina Taber as may be needed in the liberal judgment and discretion of said Trustees or the Survivor of said Trustees. I direct said Trustees and the Survivor of said Trustees to at least semi-annually invest any and all Excess of Interest and Income derived from said Bonds or derived from any Securities or Invesments or Property whatever belonging to said Trust which may not be needed for the liberal and good Care and Support and Comfort and medical and other Treatment of said Lovina Taber or other necessary expenses of said Trust in safe income bearing Securities in the names of said Trustees or in the name of the Survivor of said Trustees for said Lovina Taber and for her sole and only use and benefit. At the maturity of said Bonds or at any time before or after the maturity of said Bonds if my daughter Lovina Taber
shall still be living I direct said Trustees and the Survivor of said Trustees, if they or he deem it profitable and safe and best for said Trust, to collect or sell or realize the Principal and Premium of all or any part of said Bonds or any other Securities or Investments or Property whatever belonging to said Trust and to re-invest the entire amount of all such Principal and Premium and Proceeds in such income bearing Securities as may be deemed safe and profitable and best for said Trust by said Trustees or the Survivor of said Trustees in their or his best judgment and discretion strictly in Trust and as Trustees or Trustee for said Lovina Taber and for her sole and only use and benefit. I direct that said Trustees or the Survivor of said Trustees shall not have nor be allowed any Compensation whatever for administering or executing or settling said Trust or as Trustees or Trustee for said Lovina Taber.
'Second: I give and bequeath and devise absolutely and in fee simple to my two (2) sons George C. Taber and Charles E. Taber in equal proportions and as equal Tenants in common all of my Lands and Town Lots and Real Estate and Improvements and all of my Books and Papers and Pictures and Money and Bonds and Stocks and Claims and Personal Property of every kind and description whatever of which I may die seized or owning or possessed either legally or equitably Except and Excluding the said Seventy Five Thousand Dollars ($75,000.00) of the Principal of said United States Four (4) per cent Bonds hereinbefore given and bequeathed to said George C. Taber and Charles E. Taber and to the Survivor of them in Trust and as Trustees for my daughter Lovina Taber.
'Third: I direct that my son George C. Taber pay to my son Charles E. Taber the One Half (1/2) part of Eight Thousand and Five Hundred Dollars ($8,500.00) which I have heretofore advanced to said George C. Taber.
'Fourth: I direct that said George C. Taber and Charles E. Taber pay at their own Cost and Expense and in equal proportions all of my just debts and funeral and other Expenses and all of the Costs and Expense of the Administration and Settlement of my Estate and all of the just and legal debts and Claims and Taxes and Assessments against the whole or any part of my Estate and I direct that not any part of my just or other debts or funeral or other Expenses or Costs or Expense of the Administration or Settlement of my Estate or just or legal or other debts or Claims or Taxes or Assessments against the whole or any part of my Estate shall be charged to or paid by said Lovina Taber or her Property or her Estate.'
'Codicil Item No. 1. Whereas I have recently sold the Seventy Five Thousand Dollars ($75,000.00) of United States Four (4) per cent Bonds maturing in the year 1907 which I bequeathed to my two (2) sons George C. Taber and Charles E. Taber and to the survivor of them in Trust and as Trustees for my daughter Lovina Taber, under the first item of my above and foregoing will, I now in lieu thereof hereby give and bequeath to my two (2) sons George C. Taber and Charles E. Taber and to the survivor of them in Trust and as Trustees for my daughter Lovina Taber, Seventy Five Thousand Dollars ($75,000.00) of the Principal or Face Value of any United States Government Bonds, or Bonds issued under or by the authority of the Government of the United States of America, which I may own at the time of my death, no deductions to be made on account of any premiums that may be upon any of said bonds at the time of my death. And I direct that said Trustees or the survivor of said Trustees procure and cause all of said bonds so given and bequeathed in trust to be registered in their names or the name of the survivor of them as such Trustees or trustee for said Lovina Taber. And if at
the time of my death I do not own that amount of United States Government Bonds, or bonds issued under or by the authority of the Government of the United States of America, I direct that any deficiency necessary to make said Trust Fund equal to Seventy Five Thousand Dollars ($75,000.00) shall be paid to said Trustees in cash from and out of my Estate, which said Trust Fund of Seventy Five Thousand Dollars ($75,000.00) so bequeathed shall be in lieu and in full of any and all interest or right which my said daughter Lovina Taber shall or would have in or to my estate. And I direct said Trustees and the survivor of said Trustees to apply and expend as much of the interest and income arising or accruing from said Trust Fund to and for the good and sufficient care and support and comfort and medical and other treatment of my said daughter Lovina Taber as may be needed in the liberal judgment and discretion of said Trustees or the survivors of said Trustees. I direct said Trustees and the survivor of said Trustees to at least semi-annually invest any and all excess of interest and income derived from said trust fund which may not be needed for the liberal and good care and support and comfort and medical and other treatment of said Lovina Taber or other necessary expenses of said Trust, in safe income bearing securities in the names of said Trustees or in the name of the Survivor of said Trustees for said Lovina Taber and for her sole and only use and benefit; which excess when so invested shall become a part of said trust property or Fund. I also direct and hereby empower said Trustees and the survivor of them, if they or he deem it profitable and safe and for the best interests of said Trust, to change said bonds or securities or investments or other property comprising said Trust Fund and to reinvest the same in other non-taxable income bearing bonds, securities or investments in the names of them as such Trustees or Trustee in trust for said Lovina Taber and for her sole and only use and benefit. I direct that said Trustees or the survivor of said Trustees shall not have nor be allowed any compensation whatever...
