In re the Judicial Settlement of the Account of Turner

Silkman, . S.—

The facts are conceded. It appears that the testatrix, Ann Matilda Seymour, died in October, 1892, leaving a will proved in Westchester county, in which was •this provision: “ I give to my brother, Edgar Seymour, One thousand dollars, to be held by my Executrix in trust for him, *174to pay him, tbe said Edgar Seymour, tbe interest or income of tbe same, and as mucb of tbe principal at any time as sbe thinks best.”

Martha Seymour, tbe executrix named in tbe will, qualified and paid to Edg’ar Seymour tbe income of tbe fund until ber death in February, 1898. Sbe paid him no part of tbe…