115 Ga. 462 | Ga. | 1902
While the bill of exceptions in the present ease assigns error upon different rulings made in the trial of the case, the main and controlling question is to be settled by the determination
The first item of the will of Asa Chandler gave to his wife, Mattie J. Chandler, an estate during life or widowhood in certain described land. In several other items of his will the testator made provision for an income for his wife out of specified portions of his estate during her life or widowhood. Item 14 was in the following language: “ It is my will and desire that if my wife, Mattie J. Chandler, so elect, that my executors above named shall sell all of the land given to my wife, Mattie J., in item 1st, and invest the same in such other property or securities as my said executors may think best for the benefit of my said wife; my said wife to have, and use the interest or profits of said fund or other property taken in lieu of the property sold for her support; and if the interest on said fund or profits of said property should prove insufficient for her ample support and maintenance during her natural life or widowhood, then it is my will that so much of the principal shall be used as will insure a handsome support.” Did this item of the will constitute a charge in favor of the wife for her support and maintenance on the land described in the 1st item of the will ? It is manifest from the provisions of the will that the wife of the testator was the primary object of his bounty. He had provided various sources from which an income for her support was to be derived; and he gave to her during life or widowhood an estate in the land described in item 1. Doubtless the testator thought he had by these sources provided for his wife an “ ample ” and a “handsome” support. But in his solicitude that she should not be in want during her old age he makes, in the very last item of his will, the provision quoted above. The welfare and comfort of his wife was the first and last thought of the testator. An intention to charge land with the support of a legatee may be inferred from slight language. 1 Under. Wills, § 402, p. 550. That the testator intended by the
Judgment affirmed.