Poppy v. Walker
Poppy v. Walker
Opinion of the Court
A testator directed that the proceeds of the sale of certain property “shall be by my executor paid over to my daughter-in-law” (appellee), widow of a deceased son, “to be by her held and enjoyed during her natural lifetime, and at her decease said sum or amount so paid over to her shall be by my executor paid over to and vest” in two of the son’s children, named; that the daughter-in-law “shall have the use, interest, income, and profits of said share of money or property so paid over or delivered to her for her life, for her maintenance and support and for the maintenance and support of her infant child Mabel, until the latter arrives at the age of twenty-one years; and I further direct that in case the said interest, income, and
Conceding, without deciding, that the court’s order is one from which the administrator might appeal, the order is right so far as the administrator is concerned. He was directed, by the will to pay the money to appellee, not to some trustee for her use, nor was it to be invested for her. The payment is to be made by him to her unconditionally, and she is not only to have the use and income of the principal for the support and maintenance of herself and child, but for such uses and purposes she may use such of the principal as may be reasonably necessary. What title she took is of no concern to the administrator, and need not here be discussed. When he made the payment as the will directs and is discharged by the court, his responsibility ends.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.