Folsom v. Strain

The question presented is whether income from a part of the residuary estate of Emily J. Moore, deceased, accumulating during the period of administration, was, under *499her will, to go to plaintiff, as life beneficiary of a trust created from such property, or whether it became part of the corpus of the trust.

In a proceeding for construction of the will, brought by the life beneficiary of such residue against the trustees, after administration of the estate had been completed and the executors had been discharged, the district court held that such income was intended to become part of the…