In Re Estate of Morton

This is an appeal on questions of law from the action of the Probate Court in construing the will of Bessie J. Morton, deceased, and ordering distribution accordingly.

The facts are not in issue, having been stipulated in the Probate Court. Item four of the will réads as follows:

“In case that my husband, J. B. Morton, shall survive me I give, devise and bequeath to him, during his lifetime, all of the remainder of my estate, real, personal or mixed, of whatever nature and wheresoever situated upon the trust, and for the intent and purpose, that by and from the net income and produce thereof,…