Smith v. Smith

<p>A will, after directing the testator’s debts and funeral expenses to be paid and giving legacies to his two sons, proceeded thus: “I give, devise and bequeath to my beloved wife, for lier benefit and for the proper maintenance and education of my two daughters, all my personal property and all the real estate which may remain after the debts and expenses aforesaid and the legacies .... shall have been paid, and the use, improvement and income thereof; to have and to hold the same so long as she shall remain my widow, or until her second marriage; but in case of her second marriage, when she shall have ceased to remain my widow, all the personal and real estate I hereby give, demise and bequeath to my wife aforesaid and to my two daughters, to be divided by them equally.” Jieldy that by the true construction of the will the widow took the whole residue of the estate, after payment of the debts and specific legacies, in trust during widowhood; one third thereof in fee, and the other two thirds to hold during widowhood, with remainder in fee to the two daughters.</p>