TRUSTS-CONSTRUCTION-WHETHER DEVISE OF ANY UNDISBURSED INCOME AFTER LIFE TENANT\u27S DEATH INCLUDES INCOME WHICH ACCRUED BEFORE LIFE TENANT\u27S DEATH

Testator\u27s residuary estate was put in trust to pay income, dividends and profits to the testator\u27s wife so long as she shall live. In the same paragraph the will provided that at her death the trustee shall stand seized and possessed of said residuary estate including any undisbursed income in trust. In a sub-paragraph the trustee was directed to pay over the balance of said residuary estate to St. Joseph\u27s Hospital. During her widowhood, testator\u27s wife was in Switzerland where wartime exchange controls precluded payment of income to her under the terms of the trust. Both her administrator and the residuary legatee claimed the income accumulated and held by the trustee at the date of ber death. Held, the income in question became a part of the testator\u27s estate and should be paid to the hospital. A will must be construed in accordance with the testator\u27s intention as indicated by his language which in this instance is unambiguous; the ordinary literal meaning of undisbursed income is not paid out, and testator intended to benefit only the chief objects of his bounty, his wife so long as she was living and the hospital. Rhode Island Hospital Trust Co. v. Otis, CR.I. 1950) 75 A. (2d) 210