Smith v. Field

This is a bill for the construction of the will of Jessie D. Field.

The first question involves the construction of section A of the fourth clause, which reads as follows:

"I give and bequeath to his sister, Anna M. Field, the income from five thousand dollars for her life."

Who is entitled to hold the fund of $5,000, the income of which is thus bequeathed to Anna M. Field? There is no question in my mind but that the fund should remain in the hands of the executors. It is sufficient to cite in this connection Ott v.Tewksbury, 75 N.J. Eq. 4, 7. Vice-Chancellor Emery in his opinion says:

"The…