In re the Estate of Brown

Foley, S.

In this accounting proceeding of the executors the principal question is raised by an objection of the widow *471of the decedent, Ada Brown, to the account. The construction of the will is required. The controversy is whether the testator intended to provide a gift of the income of the trust for his widow or whether he intended to establish a common-law annuity. In other words, it must be determined from the will whether he intended, on the one hand, to give her a fixed sum of money payable at the stated intervals, to be derived from income if sufficient or from income and principal if…