Scott v. Scott

This is an action brought by the plaintiff as the executor of the last will and testament of Eliza Jane Mackey, deceased, for the construction of the will of the deceased. She died on the 13th day of May, 1890, and her will was admitted to probate by the surrogate of ¡Niagara county on the 20th of May, 1890, and letters testamentary were duly issued to the plaintiff, David Scott, as her executor. The will was in fact made the 2d day of September, 1885. The will was as follows:

*175“ First. I give and bequeath to my executor hereinafter named the sum of $100, with the interest or income of which to…