Wetherell and Wife v. . Gorman .

The feme plaintiff states that A. M. Gorman, her testator, died in 1865, leaving a last will, in which it is bequeathed and devised as follows:

"I desire that all the property I may possess, after the payment of my just debts, in the case of my death, may be given to my beloved wife, for the benefit of her and my children, and that she shall hold the same as my executrix and guardian for their mutual benefit:Provided, That the principal shall not be used, unless the interest fails to meet their reasonable part."

That she qualified as executrix at February Term, 1865, of Wake County Court, and…