Morrison Waite

“ The interest of the children is left entirely to the protection of the executors, and is not represented either by the mother, who is complainant, or by the societies, who are defendants. If the children had united with the mother in contesting the will the case might have been different, but they have not done so, and their interests must be treated accordingly. ”

“ This suit was begun by Mary Price, a citizen of Illinois, the daughter, on the nineteenth of November, 1878, to set aside the will on the ground that the testator was of unsound mind when it was made. The widow, the executors, and the two societies were all made defendants. A joint answer was filed by all the defendants on the fourteenth of January, 1879. On the twenty-first of September, 1880, the widow filed a separate answer, in which she set forth her election to renounce the will, and take her dower and legal share of the estate of her husband. ”

“ I desire my said executors to safely loan on interest said sum of money, and pay to my said daughter the interest or profits thereof annually during her life, and after her death the proceeds or interest thereof to be paid annually f r the maintenance and education of her child or children, and such principal sum to be paid to her child or children when he, she, or they become of age. ”