Herbert v. Herbert

F. W. Loew, Referee.

I have given a great deal of consideration to this case, and the result is that in my opinion none of the liens can be sustained.

By the terms of his will, John Herbert, deceased, devised and bequeathed all his real and personal estate to the defendant, John J. Herbert, in trust, to receive the rents, income and profits thereof, and after paying his just debts and liabilities, to apply the remainder to the support and maintenance of the wife and children of the said testator, during the life of his said wife. This was a valid trust under the Revised Statutes (1 R. S., 729,…