Arkwright
Arkwright v. Gonser
Opinion
Lead Opinion
Sawtelle, J.
L. W. Hutton and Mary Arkwright Hutton, husband and wife, owned, as a community, practically a one-tenth interest in properties owned by the Hercules mining co-partnership, in the Cceur d’Alene district, Shoshone county, Idaho. From the profits derived from their part ownership in the Hercules properties, the Huttons purchased valuable holdings in Spokane, Wash.
Mrs. Hutton died on October 6, 1915. Her will, dated December 2, 1913, was probated in-.Spokane county, Wash., where the Huttons were domiciled. Her husband was named as her executor. The will contained the following paragraph: “Sixth. All the rest, residue and remainder of my estate both real and personal, wherever situated, I give, devise and bequeath to my husband, L. W. Hutton, with full power to use, retain, hold, manage, invest, and keep the same invested, and receive and retain the rents, issues and profits thereof for and during the term of his natural life, if he should so long remain my widower, and upon his re-marriage or death, or in case’ he shall not survive me, I give, devise and bequeath to the said Eliza Grombacher, to the said Lyman B. Arkwright, to the said Delan[n]y Arkwright and to the children of the…