Nyce v. Nyce

Robinson, J., delivered the opinion of the Court. The question in this appeal arises upon the construction of the will of the late Benjamin B. Nyce. After directing all his property real and personal, to be sold and converted into money, he directs that fifteen thousand dollars of the proceeds shall he invested by his executor in ground rents, the income thereof to he paid annually to his widow during her life, and upon her death, to his son Arthur William Nyce, during his life, and upon his death, the principal to he divided among the children of his said son. In a subsequent clause, he bequeaths to Theophilus B. Horwitz, as guardian of his son, Arthur William, fifteen hundred dollars of said proceeds to be expended in the education of his son, in such sums and in such manner as the guardian may in his judgment think right and proper.

This sum was paid by the executor to the guardian, and upon the son's arrival at age, there remained of this ¹¹³ sum in the hands of the guardian unexpended, about thirteen hundred dollars. This balance is claimed on the one hand by the son, and on the other by Jacob R. Eyce, and the daughter and only child of David B. Eyce, under the following clause in the will: (Decided 13th July, 1882.) “ I will and direct that the balance of said proceeds, after deducting said