Lilly v. Connely

DUNCAN, Justice.

This appeal involves a construction of the will of D. W. Beall, who died testate in February, 1933. So far as pertinent to the controversy, the will provides as follows:

“Item 4. All the remainder of my estate, both real and personal, I give, devise and bequeath to my wife, Margaret Beall, for and during her natural life. Should the net income from all of my estate not be sufficient to amply support my said wife, then in the exercise of her discretion, she is hereby authorized to use so much of the principal of my personal estate as shall be needed for such purpose.

“Item 5.…