Dallinger v. Merrill

Under the will of his mother, James C. Merrill was entitled to a fund upon the death of his sister, the life tenant. Upon the death of the sister in 1912, the fund in question was paid to the plaintiff as the administrator with the will annexed of James C. Merrill’s estate. The question presented by this bill for instructions arises under the third and fourth clauses of his will, * made in 1852. At that time the testator was a comparatively *536young man with a wife and one child. By the third clause he gave to his wife a life estate in the residue with a power of using the principal “for the…