Kuiken v. Simonds

The opinion of the court was delivered by

Case, J.

We are called upon to construe a will and to consider the equitable doctrine of conversion.

Charles W. Simonds died August 28, 1920, leaving a last will which provided as follows in its third, fourth and final clauses:

‘‘THTRD: I give, devise and bequeath the use and income of all the rest residue and remainder of my estate both real and personal unto my beloved wife Margaret Simonds, together with so much of the principal as may be necessary for her support and maintenance, for and during the term of her natural life.

“FOURTH: Upon the death of…