Wellman v. Boston Safe Deposit & Trust Co.

The petitioner, who is the executor of the will of Nellie P. Carter, brought a petition for instructions in the Probate Court. The only one of several prayers for instructions therein contained with which we are here concerned is the following: “Is income on the trust fund created in Article Fifth of said will to be paid from and after the decease of the testatrix? ” By the fifth article of the will the testatrix gave and bequeathed to a named trustee $100,000 in trust to pay the net income to Stella Jones Webber during her life and upon her death to pay over the fund as she should by will…