Bates v. Clark

• Decision Date: 28 July 1942
• Docket Number: 37996
• Citation: 163 S.W.2d 975,349 Mo. 1087
• Parties: W. Scott Bates and Union National Bank in Kansas City, a Corporation, as Successor Trustees of the Trust Estate created under Paragraph Second of the Last Will and Testament of Lee Clark, v. R. Bruce Clark and Celia L. Clark, Appellants, and W. Scott Bates and Union National Bank in Kansas City, a Corporation, as Successor Trustees of the Trust Estate created under Paragraph Eighth of the Last Will and Testament of Lee Clark, for the benefit of Defendants R. Bruce Clark and Celia L. Clark
• Court: Missouri Supreme Court

163 S.W.2d 975

349 Mo. 1087

W. Scott Bates and Union National Bank in Kansas City, a Corporation, as Successor Trustees of the Trust Estate created under Paragraph Second of the Last Will and Testament of Lee Clark, v. R. Bruce Clark and Celia L. Clark, Appellants, and W. Scott Bates and Union National Bank in Kansas City, a Corporation, as Successor Trustees of the Trust Estate created under Paragraph Eighth of the Last Will and Testament of Lee Clark, for the benefit of Defendants R. Bruce Clark and Celia L. Clark

No. 37996

Supreme Court of Missouri

July 28, 1942

Appeal from Jackson Circuit Court; Hon. Emory H. Wright Judge.

Affirmed.

Cornelius Roach and Daniel L. Brenner for appellants.

(1) It was the intent of the testator that two-elevenths (2/11) of the remainder of the Helen Clark trust fund be distributed to R. Bruce Clark. (2) The case of Bates v. Bates, 124 S.W.2d 1117, is distinguishable upon its facts and is neither determinative nor persuasive in the case at bar. Bates v Bates, 124 S.W.2d 1117. (3) R. Bruce Clark and Celia L Clark are entitled to two-elevenths (2/11) of the Helen Clark trust absolutely by descent from Daniel T. Clark. Sec. 567, R. S. 1929; St. Louis Union Trust Co. v. Hill, 76 S.W.2d 685; Trautz v. Lemp, 329 Mo. 580, 46 S.W.2d 135; Gardner v. Vanlandingham, 334 Mo. 1054, 69 S.W.2d 947; Bredell v. Collier, 40 Mo. 287; Deacon v. St. Louis Union Trust Co., 271 Mo. 669, 197 S.W. 261; McFarland v. Bishop, 282 Mo. 534, 222 S.W. 143; Hamner v. Edmonds, 327 Mo. 281, 36 S.W.2d 929; Henderson v. Calhoun, 183 S.W. 584.

Bowersock, Fizzell & Rhodes for respondents.

(1) Under the will of Lee Clark, deceased, two-elevenths of the remainder interest in the Helen E. Clark trust estate created by paragraph "Second" of said will should be distributed to the trustees of the trust estate created by paragraph "Eighth" of said will for the benefit of R. Bruce Clark and his wife, Celia L. Clark, during their lifetimes. Such distribution should not be made outright to the appellants, R. Bruce Clark and Celia L. Clark. Bates v. Bates, 343 Mo. 1013, 124 S.W.2d 1117. When the testator used language in paragraph "Eighth" of his will with the clear intention of placing certain property in trust, and when in paragraph "Second" of his will in disposing of the remainder interest in the Helen E. Clark trust, the testator used language substantially identical with that used in paragraph "Eighth," the same meaning and effect will be given the language used in paragraph "Second" as the testator clearly intended should be given to the language used in paragraph "Eighth." Snow v. Ferril, 320 Mo. 543, 8 S.W.2d 1008; English v. Ragsdale, 347 Mo. 431, 147 S.W.2d 653. (2) The decision of Division One in Bates v. Bates, 343 Mo. 1013, 124 S.W.2d 1117, is correct and applies directly to the issue involved in this suit. (3) The appellants have not acquired any interest in the Helen E. Clark trust by inheritance from Daniel T. Clark. The fundamental rules for the construction of wills as laid down by this Court require that the intent of the testator to create a trust for the benefit of the appellants during their lifetimes be sustained and prevent any construction of the will that would give the appellants a vested interest by inheritance from their son, Daniel T. Clark, or otherwise. Sec. 568, R. S. 1939; Bates v. Bates, 343 Mo. 1013, 124 S.W.2d 1117; Bolte v. Bolte, 347 Mo. 281, 147 S.W.2d 441; Burnett v. McHaney, 347 Mo. 499, 148 S.W.2d 495; Kingston v. St. Louis Union Trust Co., 154 S.W.2d 39.

Westhues, C. Bohling and Barrett, CC., concur.

OPINION

WESTHUES

This case involves the construction of a will. R Bruce Clark and his wife, Celia L. Clark, deeming the decree of the trial court to be erroneous and prejudicial to their rights, appealed.

Bates v. Bates, 343 Mo. 1013, 124 S.W.2d 1117, involving the construction of the same will, was before division one of this court in the year 1938. The questions of law in that case were somewhat similar to the points in this case. The opinion in the Bates case, however, is not necessarily controlling because the facts are not identical and the rights of appellants in this case were not an issue in the Bates case. The will in question was executed by Lee Clark on December 7, 1916. A summary of the entire will may be found in the Bates opinion and may be read in connection herewith. We will set forth the portions of the will in which appellants are directly interested. The second clause reads as follows:

"Second: I give and bequeath unto the trustees hereinafter named, to be paid before any other distribution of my estate, shall be made, the sum of Three Hundred Thousand Dollars ($ 300,000.00) to be held by them in trust to manage, invest and reinvest, for the benefit of my beloved wife. Helen E. Clark, during her natural life, the income from said sum of $ 300,000.00 to be paid to my said wife either in monthly or semi-annual payments as she may request. If for any reason, the said $ 300,000.00 fail to produce an income of $ 15,000.00 each year, then my said trustees, if my wife shall so request, are authorized and and directed to pay to my wife out of said principal sum of $ 300,000.00 such an amount as, added to the income, will make $ 15,000.00 for her use, each year, as long as she may live. At the death of my wife said $ 300,000.00 or such sum as is remaining, shall be by my trustees given to and divided among such of the parties named in Paragraph Eight (8) as may then be living and the children, if any, of such as may not then be living, in the proportions named in said paragraph eight (8)."

The eighth clause referred to in the second clause reads as follows:

"Eighth: The residue of my estate I give and bequeath to the following, to be divided among such of the parties as may then be living and the children, if any, of such as may not then be living, in the following proportions, to-wit:

"To Edgar W. Clark, brother four-elevenths (4/11);

"To W. J. Clark, brother two-elevenths (2/11);

"To my trustees for the benefit of Florence E. Bates, sister as hereinafter set forth, three-elevenths (3/11);

"To my trustees for the benefit of R. Bruce Clark, brother, as hereinafter set forth, Two-elevenths (2/11);

"I request my brother, Edgar W. Clark, to see that his three children receive such proportion of the four-elevenths (4/11) given him as his judgment dictates.

"I request my brother, W. J. Clark, to see that his daughter, Leta, receive such portion of the two-elevenths (2/11) as his judgment dictates.

"The Three-elevenths (3/11) left to my trustees for the benefit of my sister, Florence E. Bates, shall be by them invested and reinvested the income from same to be paid said Florence E. Bates, during her lifetime, and at her death, the said 3/11 to be equally divided between her sons, W. Scott Bates, Albert B. Bates and her grandson, George E. Bates, son of said W. Scott Bates. In case of the death of any of the above, then to the survivor of them.

"The two-elevenths (2/11) left to my trustees for the benefit of R. Bruce Clark, shall be by them invested and reinvested, the income from same to be paid to R. Bruce Clark, or his wife, Celia L. Clark, to be by them used for the education and support of their son, Daniel T. Clark. In case of the death of either, then to the survivor, and in the case of the death of both R. Bruce Clark and Celia L. Clark, then the trustees shall see that said Daniel T. Clark is cared for and educated out of the income of said 2/11, in case of the death of said Daniel T. Clark, before his parents should die, then the trustees shall pay the income of said two-elevenths to R. Bruce Clark and Celia L. Clark in equal parts for their support as long as they, or either of them shall live. After Daniel T. Clark is educated, then the income from said two-elevenths shall be paid to R. Bruce Clark and Celia L. Clark, in equal parts, during their lifetime and to the survivor of either of them. After the death of both and if said Daniel T. Clark shall have reached the age of twenty-five years, the principal of this trust fund shall be by the trustees, paid over to said Daniel T. Clark, and this trust terminated."

The record discloses that appellants' share in the $ 300,000.00 mentioned in clause two of the will, which is here in...