
    (First Circuit — Hamilton Co., O., Circuit Court
    Jan. Term, 1899.)
    Before King, Haynes and Parker, JJ. [Of the Sixth Circuit sitting in the First Circuit.]
    HENRY J. ESMAN et al. v. ELIZABETH ESMAN et al.
    
      Will construed — Use of property to widow for life — Property purchased with rents of property devised—
    Where a will gives to the widow property for use during life, remainder to children, she has only a life estate in property purchased by her with the rents and profits of such devised property.
    Error to the Court of Common Pleas of Hamilton county.
    The will of Adolph Joseph Esman provided in item 2 as ■follows:
    “I give, devise and bequeath to my beloved wife, Elizabeth Esman, in lieu of her dower, all my property, real as well as personal, during her natural life. All of the property hereby devised and bequeathed to her aforesaid, or so' much thereof as then remains unexpended, to go to my .(Children, in the manner and form hereinafter provided.”
    Real estate valued at $15,000 was thus devised,and in the (present suit a construction of the above clause ot the will was asked, certain real estate having been purchased by the •testator’s widow during her life time from rents and profits /from the property above devised.
    
      Foraker, Outcalt, Granger & Prior, for the Plaintiffs. D. F. Cash, contra.
    Parker, J.; King, P. J., and Haynes, J., concur.
   The judgment of the court below sustaining the demurrer •to the petition, dismissing the petition and adjudging the costs against the plaintiff, is reversed.

We are of the opinion that the will in question devised .■and bequeathed the real and personal estate of the testator, together with the income thereof, to his widow for life only, with the right to expend and consume so much thereof as might be needful for her support; any part thereof remaining unexpended and unconsumed to go to the children of testator in the proportions provided in the will. That such real estate and the income derived therefrom became trust property and funds in the hands of the widow,and any property for which it was exchanged, or purchased with such funds, was impressed with the same trust, and one having knowledge of its derivation, or not being an innocent purchaser for value, would hold it subject to the rights of the •oestuis que trust, i. e.; the devisees of the testator other than the widow.

We hold therefore that the petition stated a good cause of action.  