Schwartz's Estate

Opinion by

Me. Justice Steen,

Charles Schwartz died in 1906. By his will he gave the income of his estate to his wife during her widowhood, and constituted her one of his executors; if she remarried, or upon her death, the estate was to be divided among his four children, one-sixth to Emma, one-sixth to Marie, one-third to William, and one-third to Charles (hereinafter called petitioner). The widow (hereinafter called respondent) remarried, but elected to take against the will, and upon the adjudication of the account of the executors in 1907 the fund derived from the personal property was…