Cook v. Dyer

• Decision Date: 12 July 1890
• Citation: 20 A. 243
• Parties: COOK v. DYER et al. HALL et ux. v. SAME.
• Court: Rhode Island Supreme Court

20 A. 243

COOK

v. DYER et al.

HALL et ux.

v. SAME.

Supreme Court of Rhode Island.

July 12, 1890.

Bills in equity to construe a will, and enforce the payment of legacies.

David S. Baker, Jr., for complainants.

Jas. M. Ripley and Jos. C. Ely, for respondents.

DURFEE, C. J. These cases involve a construction of the will of the late Hezekiah Anthony as regards the three following clauses thereof, viz.: Clause 16: "I give, devise, and bequeath to Sarah Ann Cook, in trust for her grandson Hezekiah Anthony Cook, the sum of ten thousand dollars, to have and to hold the same in trust for the use and benefit of the said Hezekiah Anthony Cook, with power to manage, invest, and reinvest the same, and to pay over to him from time to time the income thereof, and also with power to transfer and pay over to him said money at such times and in such parts as she may deem most for his interest." Clause 17: "I give, devise, and bequeath to Sarah Ann Cook, in trust for Helen Cook, widow of Enos A. Cook, the sum of five thousand dollars, and also the house and land where said Enos A. Cook formerly lived, on Almy street, in Fall River, commonwealth of Massachusetts, to have and to hold the same to her, the said Sarah for the use and benefit of Helen Cook, widow of Enos A. Cook, her heirs, executors, and administrators, and to Ann Cook, her heirs, executors, and administrators, with power to manage the same generally, and if need be, in her opinion, to sell the same, and reinvest the proceeds thereof, and with power to change the investment thereof whenever, in her opinion, it shall seem best, and with power, also, to convey said real estate to her, her heirs and assigns, at any time when she may think proper, and with power to pay over to her said money, or any part thereof, according to her discretion." Part of clause 22: "In all cases where I have given property in trust for the use and benefit of other persons, and have not specially provided for its disposition on their decease, my will is that the trustee holding such property shall on such decease pay and convey the same in fee-simple, discharged of all trusts, to the persons who by the laws of the state of Rhode Island would inherit it had the persons for whose benefit it was so given died seised and possessed thereof in fee." Said Sarah Ann Cook, after accepting the trusts created by said sixteenth and seventeenth clauses, died, leaving a will which has been duly admitted to probate. The defendants are the executors in her will. Said Hezekiah Anthony Cook, who is complainant in the first-named of these two cases, and said Helen Cook, now Helen Hall, wife of Benjamin Hall, who with her husband is complainant in the second-named, claim that they are respectively entitled, under said clauses, to the entire equitable interest or estate in the property thereby bequeathed or devised, and ask that the defendants, as executors as aforesaid, may be decreed to transfer it to them accordingly. The defendants contest their claim. Weare asked now to determine what interests or estate said Hezekiah and Helen have, respectively, under said clauses.

We think there can be no doubt that said Hezekiah has the entire equitable interest in the property bequeathed by said sixteenth clause, if the clause is to be taken by itself, since the...