Ortmayer v. Elcock

■ Mr. Justice Cartwright

delivered the opinion of the court :

By the will of Matheus Gottfried his homestead, with household furniture, family jewels and plate, carriages, horses, etc., and one-third of his remaining property, were given to his widow. Various bequests were then made to charitable institutions and individuals, after which the residue of his estate was divided into six equal parts, three of which were devised to trustees under an active trust. One of these parts or shares was disposed of by paragraph 3 of item 11 of the will, as follows:

“3. I give, devise and bequeath the income…