Foss v. State Bank and Trust Co.

This is a writ of error to review a judgment of the Appellate Court sustaining a decree of the superior court of Cook county in construing the will of John Westreicher, deceased. The decree complained of found that testator, who died without issue, had omitted to dispose of all the income from a trust fund created by him and held that such surplus income should be paid to his widow during her lifetime as intestate property. This construction is opposed by certain collateral kinsmen of the testator.

The first, second and third clauses of the will provide for the payment of debts and a specific…