Nicholson Estate

Opinion by

Mr. Justice Allen M. Stearne,

This appeal concerns the construction of a will. The question is whether the gift of the residue confers upon the trustee an absolute discretion as to what, if anything, He shall pay the beneficiaries, or merely constitutes a discretion as to the time or method of making payments.

Testator’s “home made” will provided “all moneys remaining & other things of value I hereby leave to Russell E. Ricker, Sr., to be kept in trust for his two boys to be given them at his discretion.”

The will is dated March 8, 1943. Testator died November 17, 1943. The…