In re the Estate of Payne

Lott H. Wells, S.

This settlement proceeding concerns the personal property in the residuary estate of Bertha S. Payne, who died November 19,1945. Her will was admitted to probate and letters testamentary issued December 13, 1945, to Jerome F. Payne, her husband. By the third provision of the will, Jerome F. Payne was bequeathed, “ the use, income, custody and control of all the rest, residue and remainder of my property * * * with the right to use so much of the principal thereof as may in his sole judgment be necessary to his comfort and happiness ”, and upon his death she directed by the…