Hale v. Hale

• Decision Date: 31 March 1893
• Citation: 33 N.E. 858,146 Ill. 227
• Parties: HALE et al. v. HALE et al., (two cases.)
• Court: Illinois Supreme Court

146 Ill. 227

33 N.E. 858

HALE et al.

v.HALE et al., (two cases.)¹

Supreme Court of Illinois.

March 31, 1893.

Error to superior court of Cook county; Elliott Anthony, Judge.

Bill by Ruth C. Hale, John L. Hobson, Harry H. Hale, and Eldridge G. Wood, executrix, executors, and trustees under the last will and testament of Ezekiel J. M. Hale, deceased, against Ruth C. Hale, Harry H. Hale, Natalin B. Hale, Walter S. Hale, J. Frank Hale, Ezekiel J. M. Hale, Harriet N. Hale, Lucy L. Hale, Jeannette D. Hale, Benjamin P. Hale, Lucy L. Howe, Mabel G. Howe, Elizabeth Hale, Mary Ann Hale, Adaline Parker, Priscilla Parker, William Ford, George K. Hale, Hillard C. Hale, Hannah C. Hale, Rufus B. Hale, the St. James Episcopal Church of Groveland, Mass., the inhabitants of South Groveland, Mass., and J. Otis Wardwell, administrator of the estate of Edward Hale, deceased. Complainants obtained a decree. Defendants Benjamin P. Hale, Walter S. Hale, J. Frank Hale, and Rufus B. Hale bring error. Affirmed.Hamlin, Holland & Boyden, Russell & Morse, and Sidney Smith, for plaintiffs in error.

Herrick & Allen and W. H. Swift, for defendants in error.

BAILEY, C. J.

This was a bill in chancery, brought by the executors and trustees under the will of Ezekiel J. M. Hale, deceased, praying for a decree authorizing them to sell certain lands belonging to the estate of their testator, situated in Cook county, Ill., and hold and reinvest the proceeds upon the trusts declared in the will, on the ground that such sale and reinvestment is for the best interest of the estate, and of all persons interested therein. The testator, who, prior to his death, was a resident of Haverhill, Mass., died June 4, 1881, leaving a large estate, consisting of real and personal property situate in the state of Massachusetts, also of lands of very considerable value situate in the state of New York, and the lands in question in this suit, situate in this state. His will was admitted to probate by the probate court of the county of Essex, in the probate of Massachusetts, July 8, 1881.

The will, a copy of which is appended to the bill as an exhibit, consists of 23 paragraphs or clauses; and by the first clause the testator constituted and appointed his wife, Ruth C. Hale, and John L. Hobson, Henry H. Hale, and Eldridge G. Wood, executors and trustees of his last will and testament. The second clause provided for closing up the manufacturing business established by the testator at Groveland, Essex county, Mass., and the sale of the same, and of the real estate connected therewith, and of all his real estate in Groveland, except the parsonage house used by St. James Episcopal Church, the proceeds to remain in the hands of his executors and trustees, subject to the dispositions and provisions of the will thereinafter made. The third clause provided for the payment to the testator's mother, during her life, of an annuity of $800, and gave her the use for life of the house then occupied by her, with remainder for life to two of the testator's sisters; the house and land, at their decease, to be disposed of with the residue of his estate. The fourth clause gave to the testator's widow the sum of $10,000, to be paid at his death, and an annuity for life of $12,000, and the use for life of the homestead and the furniture and other property belonging thereto; the homestead property, at her decease, to be disposed of with the rest and residue of his estate; the provision in favor of his widow to be accepted by her as being in full of her dower and all other claims against the estate. The fifth clause gave to the testator's son Harry H. Hale $50,000, to be paid at the testator's death, and the further sum of $50,000 in case he should survive the testator five years, and also an annuity for life of $4,200; and in case of his death an annuity of $3,600 was directed to be paid to his widow and children until the final division of the estate. The sixth clause gave to the testator's son Samuel C. Hale $20,000, payable at the testator's death, and an annuity for life of $3,600; and in case of his death, leaving a widow or child surviving him, an annuity of $1,200 was directed to be paid to her or them until the final division of the estate. By the seventh clause the sum of $10,000 was given to the testator's son Edward Hale, payable to him at the testator's death, if then of the age of 21 years, and, if not, then payable on his arrival at that age; also, the further sum of $20,000 on his attaining the age of 25 years, and the further sum of $20,000 on his attaining the age of 30 years, and also an annuity for life of $3,600; and in case of his death, leaving a widow or child, an annuity of $2,400 was directed to be paid to such widow or child until the final division of the estate. The eighth clause gave to the widow of James Frank Hale, a deceased son of the testator, an annuity for life of $3,600. It was provided, however, that the annuities to the widows of his sons should cease, in case of each, upon her marrying again. The ninth clause gave to the testator's grandson Ezekiel J. M. Hale $10,000, payable when he should attain the age of 25 years, and $15,000 when he should attain the age of 30 years, and also an annuity of $1,500, commencing at the testator's death, if he should then be 21 years of age, and, if not, then on his attaining that age, and continuing until the final division of the estate. The tenth clause gave to the testator's grandson Benjamin P. Hale $5,000, payable at the testator's decease, if then of the age of 21 years, and, if not, then on his attaining that age, and also the sum of $10,000 on his attaining the age of 25 years, and the further sum of $10,000 on his attaining the age of 30 years, and also an annuity of $1,000 from the testator's death until his arrival at the age of 21 years, and an annuity of $1,500 from that date until the final division of the estate. The eleventh clause gave to Lucy L. Howe and Mabel G. Howe, two of the testator's granddaughters, each the sum of $10,000 on their severally attaining the age of 25 years, and $15,000 when they severally attained the age of 30 years, and also an annuity to each of $1,000 until they should severally attain the age of 21 years, and an annuity of $1,500 from that date until the final division of the estate. The twelfth clause gave to George K. Hale, the testator's brother, an annuity for life of $600, and also an estate for life in a lot of land, and the buildings thereon, then occupied by him; and it also gave the sum of $10,000, and the remainder in the lot and buildings, to his children, if any of them should be alive at his death, but, if not, the property was to be disposed of with the residue of the estate. The thirteenth clause gave to Susan C. Ball, Elizabeth Hale, and Mary Ann Hale, three of the testator's sisters, an annuity for life of $300, and to Mrs. Adaline Parker and Miss Priscilla Parker, each, an annuity for life of $200. The fourteenth clause gave to William Ford an annuity for life of $200. The fifteenth clause gave to J. Warren Hale and Phebe Hale, an uncle and aunt of the testator, each, an annuity for life of $200. The sixteenth clause gave to Arthur D. Veasey a mortgage on his property, held by the testator. The seventeenth clause gave to the American Bible Society $20,000, and to the Home Mission Society and the Haverhill Female Benevolent Society, each, $5,000, payable one year after the testator's death. The eighteenth clause gave to the St. James Episcopal Church of Groveland an annuity of $1,000, to be paid until the final division of the estate, and also the house then occupied as a parsonage, and also the sum of $10,000, payable when the annual payment should terminate. The nineteenth clause gave to the city government of Haverhill the sum of $50,000, the annual income to be appropriated to defraying the current expenses of the Haverhill Public Library, and also the further sum of $50,000 to the trustees of the library; the annual income to be appropriated for the purchase of books for the library. The twentieth clause gave to the inhabitants of South Groveland the library connected with the Groveland Mills, and also authorized his executors and trustees to appropriate and expend annually $200 in maintaining and improving that library for the use of the inhabitants of South Groveland; such appropriation to continue until the final division of the estate. The twenty-first clause directed the executors and trustees to convey to the Haverhill City Hospital, when established, a certain lot of land, and the buildings thereon, and also gave to such hospital $50,000, to be used in part for the construction of buildings, and the residue to be held in trust, and the income applied to defraying the current expenses of the hospital. The twenty-third clause provided that, in the care and custody of the estate, John L. Hobson should act as treasurer, and sign all checks, drafts, and orders for the payment of money, and supervise generally the affairs of the estate, and that, for his services in that behalf, he should receive, out of the income of the estate, the sum of $4,000 per annum; such payment, however, to be made him on condition that he should resign his position as cashier of the Merrimack National Bank, and devote his first thought and attention to the affairs of the estate. It further provided that the number of persons appointed to execute the will and trust should remain as in the will provided, and that in case of vacancy, by death or otherwise, such vacancy should be filled by the judge of probate of Essex county, and the person thus appointed should have the same power to act as the other persons appointed by the will, and each of the executors and trustees, and each of their successors, was given all the powers, and had reposed in him all the trusts, given to the executors and trustees jointly, provided and so far as he who should act...