Brown v. Brown

Hubbs, J.:

This is an action to construe the will of Andrew B. Brown, deceased. The respondents are the executors and trustees appointed therein. The appellant is the widow of the testator. The will provides for the payment of an annuity of $3,000 to the appellant out of the rents, profits and income of the estate. It also provides that the trustees shall have full control and charge of the estate.

The principal question involved in this action is whether or not said annuity is a charge upon the estate so that the trustees are compelled to hold the estate in trust until the death of the widow,…