Oliver Wendell Holmes, Jr.

“ The testator left a widow and children, and the question before the court is whether the widow, the appellant, is entitled to any part of the income from realty before the same came to the trustees' hands. ”

“ And from and out of the net income, rents, issues, and profits of and from the realty last aforesaid, said trustees shall pay the equal one third part or portion thereof, in semiannual or (at the discretion of said trustees) more frequent payments, to my said wife, for and during the remainder of her natural life.' Habendum to her absolutely. By the tenth clause the remaining two thirds of the net income 'from said realty' are given to the children, with a proviso for their minority and making surplus revenues capital. ”

“ The loss is made the more aggravating that the estate seems to have been ready for distribution on February 10, 1902. Nevertheless, we think that any doubts are artificial, and agree with the supreme court of Hawaii that the language of the will is too clear to admit any interpretaton but one. ”