Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-05-19
LEGAL.
Decision Of the supreme Court Of Ten.
nessee. at Nashville, December Terms

nessee, at Nashville, December Terms
1857.
Reported Cor the Union and Dispatch. by S. J.
Henderson. Attorney at Law.
lsT. CONSTRUCTION % WILL.-"The intention Of
the testAtor must control, and this is 20 be as
certained by constituting the whole will.
%. RIGHr OF TENANT FOR LTFE.-By the will IN
question, the testator bequeathed 10 his wife
life estate in his personal property, and gave
such balance may be on hand at her death
ia remainder. Held that the wife has the
right, II her support and snaintainance in her
discretion require il, TO consume the corpus Of
the estate.
ID, SAmE-.A Court Of Chaneery will in a proper
case made out. interfere to restrain fraudu-
lent and extravagant waste Of the property
given to the tenant for life IN oraer 10 protect
the Interests Of the remaindermen.
D0winr. Executor, -. Sally Johnson, # al.
Isham johnson died about 1862, after having
made and published his last will and testament
by which be appointed Camp and Easily his
executors.
The win was duly probated and Camp alone
qualified.
The second clause is az follows:
81 will and bequeath 20 nay beloved wife Sally
johnson the whole Of MY estate. both real and
pergonal, chooses in action, etc.. for and during
and employed"
The forth clause il as follows:
The balance 81 my property, money or other
effects, that may be on hand at the death Of my
wife, dispose Of in tbs following manner, that
isl direct my negro boy Charles and all the rest
Of my property be sold 60 the highest bidder on
credit Of twelve months and the proceeds dis
popped Of a. iOll0ws," &c.
On the 9th Of November, 1865 Downing, the
executor filed this bill against. Sally johnson.
the widow Of the testator, and various other
parties. legHtees and devisees under the will.
several Of whom are minors.
The bill charges that the testatOr was pos
sessed at the time of his death of some money
notes and accounts, amounting 90 $50 an OF
which fNr widow retained IN her Hnnn1
Some Of tho personally belonging to tesiat0r
was sold by the executor at the request of the
widow, aud the notes therefor, amounting 60
about $500, we're delivered 70 the widow after the
payment Of burial expenses, which constituted
the indebtedness Of the estates. Complainant
alleges he has doubts about the true con
structou Of said wall and his duties and
liabilities A. executor. and desires the will
be construed, and he directed as TO his duties in
the premises.
Complainant charges that tho widow is vast
ing the assets belonging 10 tho estate that she
is collecting the money due on the notes and
applying the same To her sole and separate use,
and threatens 10 consume the whole. both prin-
cipai and interest, which complainant alleges
she has no right 20 10 that she Is entitled only
20 the interest on the debts due the testator at
the time Of his death, and 10 the use of the
property on hand. or on sale thereof 10 the in
terest accruiDg on the proceeds Of the sale and
n she " allowed 10 consume the principal, it
will defeat tho interests Of the remainder mon,
and would involve the complainant in serious
loss.
Complainant prays said notes be attached
and delivered 10 him .as executor; that an in
junction issue restraining the " doW from col
lectinE any Of said debts and for general relief
Mrs. johnson alone answers the bill, and de-
MES that she Is wasting or has wasted any Of the
funds hequeathcd 90 her, and claims the per
sonal estate absolutely, and denies that It s any
business OF the executor u she spends the whole
Of Il, and insists that she has "a right under the
will. 20 use both principal aud interest.
No steps whatever have been taken by OF in
4. he II H.
Attachment was granted by the Eaf Of the
Chancellor, and by said nat the Chancellor di-
rected that said notes etc. be delivered to the
complainant upon hiss giving bonds, etc.
Afterwards, upon motion, II was ordered that
the widow be allowed % retain SIS. and that
NJ. N. Cox be appointed "A receiver to collect
said notes. And the cause was referred 10 the
Master 10 ascertain.
lst. What debts were owing testator at time
Of his death
%. Whether the same has been paid
81. What articles of properly belonged TO
testator AZ the time Of his death.
4th. What portion Of the same has been dis
posed Of, by whom and under what circumstaB-
oes and what has become of the same. etc.
9TH. What increase II any. by trade Of stock
interest on notes. etc. since testators death.
etc, etc.
The Master proceeded to take the account
and make report thereof which being
uneXceptcd 20 was confirmed. from which Il aI-
pears the sales By the executor amounted 10
slUS ~; that the widow retained personal pro-
pcl9 s ~ the naue OF sl-L ~; that tue executor
had disbursod the sum of Sl7 %; that the widow /
has used and appropriated S2S5 90; that s125 /
would be a reasonable alloWRnce for the support i
Dt the widow per annum: that the rent OF the i
and Is reasonably worth So per annum that 4
ne services otthe executor are reasonably worth /
The Chancellor decreed that the widow took
inder the will only an estate for life in the use
ana enjoyment Of the property. with no RI ghf or
'Ower 10 consume the corpus Of said nro- |
'erty and ~ her death what remained Of the
anne belonged % the person in remainder
ma that the money, notes and accounts with |
interest are the same at the time Of the death Of /
he tesiatoT and tho real estate and other prop- |
'orpus or capital Of said prom crtv
The Chancellor further dcereed that The eve- /
'utor IN permitting the defendant SalIy 10 re- |
am the use and possession Of the money notes |
accounts eto' acted rlghtfully and discharged
am from all liability on accOHnt of the same I
But inasmuoh as the defendant In her answer
laims 20 be the absolute owner of said proper-
y, EXCEPT the land. and had, in the opinion Of Il
be Chancellor. made some imprudent threat.
bout burning The notes the Chancellor was
opinion that the persons ia remainder
nd thy complainant had n right 60 require 81 |
he defendant 60 give bond with security In |
ouble the value oftho personal property con /
ltoncd not 70 waste or destroy said property
na 70 nave INC same forthcoming % her death.
inject 10 the order Of the court for the bcneff 1
4 those ~ remainder dccFeed accordingly |
om which, The defendant appealed 20 this
What arc the rights Of the defendant. sally
ohnSon, under the viii Of her hushana2 Me |
nsWor 70 this question Is Just such a. a was he
Intention Of the testator b. give her for AZ il tho
ltenuon OF the testator which must control and 1
his y TO be asceTlainod BY constituting the whole
ether
no bocontinuedl
Il