Wills — Construction — Direction to pay not less than specified income to wife for life — Acceptance of lesser amount by cestui que trust — Right of personal representative to difference.
Where testator gave his residuary estate in trust to pay the income to his wife, and provided that she should receive $200 a month, even though principal was required to make up any income deficiency; and it appeared that the wife had not demanded that amount and had received less because she wanted to conserve the principal for her own benefit; it was Held that the deceased's wife's estate was entitled to receive the difference between the amount specified and the amount actually paid to her.
Argued November 12, 1948.
PER CURIAM, January 3, 1949:
The decree of the court below is affirmed on the opinion of President Judge VAN DUSEN.