Branspield v. Wigmore

• Decision Date: 05 June 1907
• Citation: 66 A. 778,80 Conn. 11
• Court: Connecticut Supreme Court
• Parties: BRANSPIELD v. WIGMORE et al.

66 A. 778

80 Conn. 11

BRANSPIELD

v. WIGMORE et al.

Supreme Court of Errors of Connecticut.

June 5, 1907.

Case reserved from Superior Court, Middlesex County; Howard J. Curtis, Judge.

Action by John Bransfield, trustee of the will of Thomas Wigmore, deceased, against Michael Wigmore and others, for the construction of the will of the deceased. Reserved for the advice of the Supreme Court of Errors. Decree advised.

Clarence E. Bacon, for plaintiff. Gustaf B. Carlson, for defendant William Wigmore's estate. William J. Coughlin, Jr., for defendants, Ellen and Margaret O'Brien. Daniel J. Donahoe, for defendants Michael Wigmore et al.

HALL, J. Thomas Wigmore, late of Portland, in this state, died testate October 28, 1900, leaving an estate, consisting wholly of personal property, of the value, after the payment of debts, of about $11,000. His will, executed September 24, 1900, after providing for the payment of his debts, for a legacy of $100 to a person whose relation to the testator does not appear, and for the appointment as executor of the person named elsewhere in the will as trustee, contains only this remaining provision: "Third. I give, devise and bequeath unto Patrick Sullivan, of said Portland, all the rest, residue and remainder of my estate of every name and nature in trust for my son, William Wigmore, of said Portland, the income thereof to be paid over to my said son by said trustee. If at any time during the continuance of said trust my said son should be competent and capable of taking care of his property (or in the event of my son's marriage) in the judgment of my said trustee, then I instruct that this trust shall terminate, and my said trustee is to turn over to my said son the balance of said trust estate, and in that event I give, devise and bequeath all the unexpended balance of said trust estate to my son William and his heirs forever."

William Wigmore was the testator's sole heir at law. He never married, nor was the trust estate ever turned over to him under said provision of the will. He died in 1906, leaving a will, the executor of which, is a party to this action. Other parties are the children of deceased brothers of said testator, Thomas Wigmore, his sister, the maternal aunts of William Wigmore, and the administrator c. t. a. of the estate of said Thomas Wigmore. The plaintiff is the successor of the trustee named in the will. The questions upon which our advice is asked are, in substance, whether by said provision of...