Smith v. Fellows

The plaintiff, by the will of her husband, who died in 1874, was given the use of a portion of his real estate, and an annuity of $1000 during life, to be paid from the income of all his property. By the last clause in the will, the residue of his estate, real and personal, was given to his daughter, after the payment of debts, expenses and “ the legacies hereinbefore mentioned.” There were no trustees named in the will, and none have been appointed by the Probate Court. Upon the resignation of the executor, the defendant was appointed, on February 18, 1876, administrator de bonis non with…