20 Ga. 791 | Ga. | 1856
By the Court.
delivering the opinion.
There is no question but “ chattels may be limited over by way of remainder, after a life interest in them is created, and there is no difference in that respect between money and any other chattel interest.” (2 Kent’s Gom. 252.) Did the testator dispose of his money, notes and accounts by his will ? Were they limited over to the legatees in remainder, on the death of his wife ? The,third clause of the will, so far as it has reference to-this question, is in these words: “ I lend to my beloved wife, Elizabeth, the whole of my estate, both real and personal, during her natural life or widowhood,” &c.
It was the duty of the executor to invest it, pay the interest to the tenant for life; or, as the wife was executrix, to use the interest and preserve the principal for those who are to take afterwards. (Field vs. Hitchcock, 17 Mass. Rep. 182.)
The decision of the Court below on the demurrer w'as excepted to by both parties, and we reverse the judgment of
On the bill of exceptions of the defendant, John C. Burch, -executor, &c. we affirm the judgment of the Court.