Bedell v. Colby

With the Court’s rulings of law we cannot agree. It appears that the words, “or such other classification of annuity they deem best for her benefit” clearly authorize the executors within their discretion to invest in an annuity which will accomplish the precise purposes which the Court has found the testator intended of not conveying an estate in fee to the plaintiff, and of providing her with a regular income for her lifetime. The underlying intent of the testator, reading the will as a whole in the light of the situation of the parties, together with his knowledge of his daughter’s habits,…