Savage v. The Long Island Insurance

•Learned, J.

—The defendants severally issued policies qf insurance for $1,000 each, dated September 19, 1869 (or continued by renewal of that date), to the heirs and representatives of Andrew Kirk, deceased, on a grist-mill and machinery, for one year.

By the will of Andrew Kirk, proved in 18-57, Marilla Kirk was made executrix and trustee of all the real estate, with power to collect the rents, to insure, to sell and convey.

• By an order of the supreme court, August 29th, 1871, subsequent to the commencement of this action, the present plaintiff was appointed téstame ntary trustee in the…