42 A. 877 | R.I. | 1899
Our opinion is that under the will of Philip Caswell, Jr.,1 his wife, Sarah Stanton Caswell, took a vested equitable interest in the corpus of the trust fund of $10,000 bequeathed to the complainant in trust. The direction to pay the corpus of the fund to her and to his son Philip in equal shares on the decease of the testator's father and mother, to whom and to the survivor of whom the income is to be paid during their joint lives and the life of the survivor, simply marks the time when the gift is to take effect in possession. Rogers v.Rogers,
In this State the husband's right to the surplus of his deceased wife's personal estate, in case of her intestacy, is established by Kenyon v. Saunders,
We decide, therefore, that the fund in suit is to be divided equally between the respondent Edwin L. Robinson and the respondent Philip Caswell.