201 Mass. 15 | Mass. | 1909
By the fifth clause of his will, after having given and devised to his son Ronald and to his daughter Velnah each two undivided sevenths free from any trust, Timothy E. Stuart devised and bequeathed the remaining three sevenths of the rest, and residue of his estate in trust, “to hold, manage, invest and care for in a prudent and careful manner and to collect all the income therefrom and pay all proper and legal expenses thereon and pay the net income of two thirds of said three sevenths (or two sevenths of said ‘ rest and residue ’) to my said wife Sarah for and during her life at such times, quarterly, semi-annually or yearly as my said trustees may find convenient and for her best interest and at her decease to divide the principal sum so held in trust for her equally among my' children or their heirs except that the portion that would be paid to my daughter Lena A. Coe shall be held in trust for her and her heirs in the same maimer and for the same purposes as that portion of -my estate herein specially designated and left to be held in trust for her and her heirs, and to pay the net income of one third of said three sevenths (or one seventh of said rest and residue) or such portions of the net income and principal sum as they shall in the exercise of sound discretion deem for the best interest of her "and her children to my said daughter Lena A., and at the decease of her husband Frank E. Coe or upon her permanent and legal separation from him to pay the whole principal sum and income then remaining to my said daughter Lena free from any trust. If the said Lena A. Coe should die before her said husband or before said legal separation from him, I direct my said trustees to hold the sum held in trust for her upon the same trust for her children during their minority and to pay to said children their respective shares thereof as they respectively become of age;
Decree accordingly.