Smith Thompson

“ We are accordingly of opinion, that the appellee has a right to claim of the trustees in the marriage settlement, by virtue of the will of her deceased husband, out of the residuum of his estate, whatever the annual amount of the product of $37,038, invested in stock of the United States, shall from time to time fall short of the annuity of $2,222 22 cents, secured to her in the marriage settlement. ”

“ There is nothing in the will affording the least colour for the conclusion that the testator intended any provision therein made for his widow, should be in satisfaction of the settlement; but clearly as an accumulated bounty over and above it. ”

“ The circumstance that the trustees are also executors named in the will, cannot affect the rights of Mrs Foxall. This contract was entered into in the year 1816, long before the will was made, or it could be known who would be appointed executors; and besides, the trustees are not the only executors. But it would be immaterial if they were. They are acting in separate and distinct capacities, and are bound to execute the respective trusts according to the provisions of the marriage settlement and the will. ”