Cairns v. E. P. Wilbur Trust Co.

Reno, P. J.,

In this action of replevin plaintiffs were legatees of Kate B. Wilbur and sought to recover a necklace bequeathed to them by the residuary clause of her will. Their evidence showed that testatrix had title to the necklace and that her will, after creating an annuity, gave her residuary estate to her husband, since deceased, for life, with remainder to the children of Robert E. Wilbur, the plaintiffs. Plaintiffs showed that a first and partial account was filed but failed to show that the annuity had been created, that the debts had been paid, or that a decree of distribution had…