Peirce v. Burroughs

I. The defendant is executor of B. The plaintiffs are administrators of B.’s widow. By B.’s will, his widow took a life estate in all his property, and certain legacies were given to other persons payable at the termination of the life estate. One of these legacies, $100 bequeathed to W., was paid by the executor during the life of the widow, at her request. Whether she intended to pay it out of her property, — out of the income of the estate in the executor’s hands,— and to make a donation of $100 to the remainder-man, enuring to his benefit at her death, as well as a donation of the income…