Rushworth v. Powers

Charles B. Wheeler, Official Referee.

This is an action to establish an equitable lien on property of a trust estate created under the will of Florence J. Whipple, under circumstances later stated in this opinion.

The will in question reads as follows:

“ I, Florence Jane Whipple, of the City of Jamestown, County of Chautauqua and State of New York, being of sound and disposing mind and memory, do make, publish and declare this to be my last Will and Testament, in manner following, that is to say:

“ First. I direct the payment of all my just debts and funeral expenses.

“ Second. I give, devise and…