Clayes

This is an action brought by the plaintiff against the defendants, who are trustees under the last will and testament of Maria S. Hubbard, deceased, and under the decree of distribution in the estate of Maria S. Hubbard, deceased, to recover the sum of seven hundred dollars -claimed to be due as an annuity from the date of the death of the said Maria S. Hubbard, which occurred on the thirtieth day of August, 1917, to the first day of November, 1919, when the trust estate finally came into possession of the defendants under the decree of distribution in said estate. Judgment was for the defendants in the trial court, and plaintiff appeals from said judgment.

Under the will of said Maria S. Hubbard, all of her estate, after the payment of her debts and expenses of administration (except personal effects, such as jewelry, wearing apparel, ornaments, and bric-a-brac), was given to defendants, as trustees, to invest and manage the same and collect all the profits thereof, and out of the balance remaining, after paying the expenses of the trust, to “pay to my sister, Mrs. Flora B. Clayes, the sum of fifty (50) dollars per month during her natural life.” Other specific sums were to be…