In re Judicial Settlement of the Accounts of Hunt
Appellate Division of the Supreme Court of the State of New York
Appeal by Ruth Hunt, as executrix, etc., of Thomas Hunt, ■deceased; from an order of the Surrogate’s Court of Rensselaer county, entered in said Surrogate’s Court on the 1st-day-of October, 1902, requiring said executrix to file a supplemental account. Thomas Hunt, the husband of Ruth, died in 1889 leaving a will' which was proven in December of that year.
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Appeal by Ruth Hunt, as executrix, etc., of Thomas Hunt, ■deceased; from an order of the Surrogate’s Court of Rensselaer county, entered in said Surrogate’s Court on the 1st-day-of October, 1902, requiring said executrix to file a supplemental account. Thomas Hunt, the husband of Ruth, died in 1889 leaving a will' which was proven in December of that year. The provisions of the will, so far as material upon this appeal, áre as follows: -“ I give and bequeath to my wife, Ruth Hunt, the income of all my estate, ■ both' real and personal, wheresoever it may be situated or located and as much-of…
1Opinion of the Court
Chester, J.:
The contention of counsel for testator’s widow that, under the will, she takes an absolute title to the estate of her husband if she thinks proper to accept it, does not, in my opinion, find any support in that instrument.
The testator does not in express terms give anything to her absolutely, but gives her the income of all his estate and as much of the principal as she thinks proper for her support and for the care which she shall give to their son. The language of the will in this respect is plain and the testator’s intent is reasonably clear. The income and as much of the…
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