Rhode Island Hospital Trust Company v. Otis

This is a bill in equity for the construction of the will of Joseph Cooke Smith, late of Providence, deceased. After the cause was ready for hearing for final decree in the superior court it was certified to this court for our determination in accordance with general laws 1938, chapter 545, §7.

The testator died in Switzerland on June 9, 1942 leaving his widow, Annie Melicent Smith, surviving him. He made provision for her in paragraph Fourth of his will in which he set up a trust of his residuary estate. The pertinent portion of such paragraph for our purposes here reads as follows: “I…