BIRD, V. C.
On bill for construction of will.
James L. Griggs, for complainant.
BIRD, V. C. The testatrix gave to her husband and uncle, as executors and as trustees, "all my real and personal estate, to be held by them in trust for the benefit of my children; and I direct that the income arising from the same shall be under the control of my said husband, for the maintenance of my children. In case of the death of both of my children during the lifetime of my husband, I direct that the income shall be paid to my husband during his natural life." One of the executors and trustees refused to qualify, and the other has since been discharged. The complainant, as administrator de bonis non, is doubtful what interest the children of the testatrix take under the said will. This gift is of the principal in trust, for the benefit of the children of the testatrix, the income thereof to be paid to them without any qualification or limitation, except in case of the death of the children of the testatrix in the lifetime of the husband, and then the limitation is expressly limited to his lifetime. In such event he has an interest so long as he shall thereafter live. There is no disposition made of the principal or income. This, then, being an absolute gift of principal, to be held in trust for the children of the testatrix, and also a distinct direction that the income shall be paid to them, it is, in my judgment, an absolute gift of the principal for the benefit of the children, subject only to the gift of the income to the husband, in case he shall survive the children, during the remainder of his lifetime. At his death the estate will descend to those who will be entitled to any other estate of which the said children may die seised. To accomplish this result, it was not necessary that the gift should be to the heirs of the said children. Then, besides the gift of the principal thus made so absolute, the general rule that the gift of the income of a fund, or of the rents and profits, without limitation, carries the corpus, is applicable in this case. House v. Ewen, 37 N. J. Eq. 368, 373; Gulick v. Gulick, 25 N. J. Eq. 324; Huston v. Head, 32 N. J. Eq. 591; Craft v. Snook, 13 N. J. Eq. 121. And as to income from real estate, Jones v. Stites, 19 N. J. Eq. 324; 3 Greenl. Cruise, 229; O'Hara, Wills, 61; Hardy v. Redman, 3 Cranch, C. C. 635.