Moyer Estate

Hunter, J.,

Testator’s direction that $200 per month be paid to his widow out of income and principal was an outright gift. There was no discretion in the trustees to pay or withhold. It was not a power to consume, payable only on demand, nor was it restricted to wants and necessities. It was a gift of the estate payable in instalments, if the widow should so long live.

She was co-trustee with the Northern Trust Company. She did not take the whole amount per month, and money was paid to her only as she asked for it. At her death the amounts due and unpaid exceeded the balance of the estate.

The…