Windsor v. Barnett

The controversy turns on the interpretation of the will of L. J. Barnett, deceased. Generally speaking, the questions argued are whether certain bequests are of present or future interests, whether vested or contingent, and whether the widow’s election to take distributive share authorized the termination of the trust provided by the will and the acceleration of distribution.

The will, after directing the payment of debts, provides as follows:

“Item 2. I will and bequeath to my beloved wife, Margaret C. Barnett, a monthly allowance of two hundred fifty dollars to be paid her by my executrices…