Beardsley v. Bridgeport Protestant Orphan Asylum

• Decision Date: 03 March 1904
• Citation: 76 Conn. 660,57 A. 165
• Court: Connecticut Supreme Court
• Parties: BEARDSLEY et al. v. BRIDGEPORT PROTESTANT ORPHAN ASYLUM et al.

57 A. 165

76 Conn. 660

BEARDSLEY et al.

v. BRIDGEPORT PROTESTANT ORPHAN ASYLUM et al.

Supreme Court of Errors of Connecticut.

March 3, 1904.

Case Reserved from Superior Court, Fairfield County; William T. Elmer, Judge.

Action by the trustees under the will of Bronson B. Beardsley for a construction of the will. Case reserved for the advice of the Supreme Court of Errors. Will construed.

The material parts of the will were as follows:

"Third. I hereby devise and bequeath the whole of my residuary estate, both real and personal, to my beloved wife, Mary W. Beardsley, during her life, for her sole use and benefit, and, at her death, I hereby appoint Mrs. Marcia Beardsley, my sister, of Bridgeport, Ct, and Miss Lucinda T. Montgomery, above mentioned, and Clara T. Hathaway—wife of George T. Hathaway, of Bridgeport, Ct., as Trustees for all my residuary estate, and I hereby request that when they deem it necessary—to counsel with Morris P. Beardsley, Esq., of Bridgeport, Ct, or Oswald P. Backus, Esq., of Rome, N. Y., or both, and I do hereby direct that the said Trustees and their successors shall hold and manage and appropriate the said residuary estate in the following manner. * * *

"Fifth. I hereby direct that the said Trustees above named shall pay to Miss Katie Fitzpatrick the sum of Five Hundred Dollars ($500), she having been a faithful domestic in my family for many years."

"Sixth. I hereby direct that said Trustees pay from my residuary estate the sum of Twenty-Four Thousand Dollars ($24,000) to the following named objects, respectively." Twelve legatees, mostly charitable corporations, were then named, and there was added: "The above $24,000 to be paid $2,000 each to the above named objects."

"Seventh. I hereby direct that the said Trustees pay from my Residuary Estate the sum of Twelve Thousand Dollars ($12,000) to my nephew, Nichols B. Trulock, of Pine Bluff, Arkansas."

"Eighth. I hereby direct that the said Trustees pay from my Residuary Estate the sum of Twelve Thousand Dollars ($12,000) to my nephew, J. Burton Trulock, of Pine Bluff, Arkansas."

"Ninth. I hereby direct that the said Trustees pay from my Residuary Estate the sum of Twelve Thousand Dollars ($12,000) to my grandnisece, Clara T. Hathaway, wife of George T. Hathaway, of Bridgeport, Ct."

"Tenth. I hereby give to the said Trustees the sum of Twelve Thousand Dollars ($12,000) to be held in trust for my nephew Marshall S. Trulock of Pine Bluff, Arkansas—the income to be paid to him semiannually as long as he may live, and at his death the same to be paid to his heirs at law."

"Eleventh. I hereby give to the said Trustees the sum of Twelve Thousand Dollars ($12,000) to be held in trust for my nephew James H. Trulock of Pine Bluff, Arkansas?the income to be paid to him semiannually as long as he may live, and at his death the same to be paid to his heirs at law."

"Twelfth. I give and bequeath to Miss Lucinda T. Montgomery all my household furniture, pictures, library, bedding, silver and plated ware, jewelry and wearing apparel. Also my horse, carriages, and all thereto belonging, absolutely after the death of my wife, with the request that she shall give to my grandniece (Mrs. Clara T. Hathaway) any of the portraits or other things she may desire."

"Thirteenth. I hereby direct that the rest and residue of my estate shall be given in equal shares to each of my grandnieces and grandnephews as may be living at my death, or may be born thereafter—as follows:

"To those who may already have reached the age of twenty-five, I direct that their shares shall be given to them absolutely.

"Fourteenth. The remaining shares I give and bequeath to Miss Marcia Beardsley, Miss Lucinda T. Montgomery and Mrs. Clara T. Hathaway, to be by them held in trust for the other grandnieces and grandnephews until they several reach the ages of twenty-five, when said shares...