Foelske v. Doerfler

The following opinion was filed May 25, 1937 :

Fairchild, J.

The appellants claim that the words-“for her use and enjoyment during her life,” used by the testator, show an intention on his part to give to his wife the income from his estate; that those words, when construed in conjunction with the other provisions of the will, limit the widow’s taking “to so much of the income as she may be able to consume during her lifetime;” that a trust was duly created. Their reading of the will overlooks the inclusive language employed by the testator in the beginning of the statement of his bequest to…