Endicott v. Rector & Board of Visitors of University of Virginia

This is a petition for instructions brought in the Probate Court by trustees under a will, and coming here by appeal from a decree of a single justice of this court. By the will in question the residue of the estate was given in trust to “ pay over the net income thereof to my daughter Mary Austin during her life. And the said income is to be paid to Said Mary Austin, at such times and in such sums as my Executors or Trustees may deem judicious,” with remainder to the University of Virginia. Under this clause the daughter receives income amounting to about $15,000 a year, which, we presume,…