Charles Landram v. Gabriella Jordan

• Decision Date: 22 October 1906
• Docket Number: No. 179,179
• Citation: 51 L.Ed. 88,203 U.S. 56,27 S.Ct. 17
• Parties: CHARLES S. LANDRAM and John A. Broaddus, Executors of Constance K. Vertner, Deceased, and Lillie K. Vertner, Appts., v. GABRIELLA K. JORDAN
• Court: U.S. Supreme Court

203 U.S. 56

27 S.Ct. 17

51 L.Ed. 88

CHARLES S. LANDRAM and John A. Broaddus, Executors of Constance K. Vertner, Deceased, and Lillie K. Vertner, Appts.,

v GABRIELLA K. JORDAN.

No. 179.

Argued October 9, 1906.

Decided October 22, 1906.

Messrs. John J. Hemphill and James Hemphill for appellants.

[Argument of Counsel from pages 56-59 intentionally omitted] Messrs. Charles F. Wilson and Frank W. Hackett for appellee.

Mr. Frank Sprigg Perry for Mary B. Kearney.

[Argument of Counsel intentionally omitted] Mr. Justice Holmes delivered the opinion of the court:

This is an appeal from a decree of the court of appeals of the District of Columbia affirming a decree of the supreme court upon a bill of review brought by Gabriella K. Jordan, the appellee. The decree under review was rendered in a suit for the construction of the will of Thomas Kearney and for the determination of the validity of a trust created by it, so far as the same concerned land in the District of Columbia. That decree declared the trust bad as attempting to create a perpetuity. Under the bill of review the decree was modified, on demurrer, to the extent of the interest of Gabriella K. Jordan, and the trust was declared valid as to her. 25 App. D. C. 291. The executors of the testator's heirs and a daughter of the said heir appealed to this court.

Thomas Kearney died on July 5, 1896. The will disposes of land in various places. In item 3 it enumerates the tes- tator's property in Washington. In item 5 it devises this and other property upon a trust to be continued until January 1, 1928, and there and elsewhere, with the following exception, makes a fund from the Washington rents and profits to be disposed of as directed in the will. Item 6 is as follows:

'I hereby authorize and direct that my said trustee shall, during the natural life of my beloved niece, Gabriella K. Jordan, pay over to her regularly each month, as soon as collected, all rents and revenues collected or derived from that certain property described in the third item hereof as lot No. 611 'M' Street, N. W., Washington, D. C.; but, in case said rents and revenues shall at any time be less than the sum of $40 for any one or more months, then my said trustees are hereby authorized and instructed to add to the sum so collected a sufficient amount to make the said amount of $40 for each and every month; it being my desire that she shall have a regular income of at least $40 per month, and that the same shall be paid over to her monthly; but if the income derived from said premises shall amount to a sum in excess of $40 per month, she shall have the whole thereof.' (Rec. 10.)

Item 7 directs the trustee to let all the Washington property, except 611 M street, and out of the rents to pay $90 a month to the testator's daughter, Constance K. Vertner, as ordered in item 5; the residue, so far as necessary, to be applied to the support and education of her three children, named, with further provisions. Item 8 gives the remainder in fee of 611 M street to the testator's grandson, provided that if Gabriella Jordan dies before January 1, 1928, he shall only receive the rents and profits, and if she dies before the grandson reaches the age of twenty-two the rents shall be disposed of as provided in item 7 as to other Washington property. In item 21, the testator, 'for fear that there may be some difficulty in construing the different provisions' of the will, states his intention that all the money arising from the Washington rents, 'except that which is to go to Gabriella K. Jordan, shall be placed in a common fund for the payment (1) of taxes, insurance and repairs on said property and of the premises at Luray, Virginia; (2) of (90) ninety dollars per month to my said daughter, Constance K. Vertner. during her natural life; (3) for the support, education, and maintenance of my said three Vertner grandchildren until Lillie K. Vertner shall have arrived at the age of nineteen years, and until Edmund K. and Thomas K. shall have arrived at the age of twenty-two years respectively.'

The persons in whose favor were made the...