Denfeld v. Smith
| Decision Date | 06 May 1892 |
| Citation | 156 Mass. 265,30 N.E. 1018 |
| Parties | DENFELD et al. v. SMITH et al. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Petition of L.E. Denfeld and others, executors of the will of Timothy A. Smith, deceased, against the widow and other legatees of deceased, for instructions as to the construction of his will, which disposes of his property as follows:
John Lowell and Linus M. Child, for legatees.
Frank P. Goulding and Frank L. Dean, for respondent.
The first question is as to the meaning of the devise in article 4, which is as follows: "To my sister, Eliza A. Leonard a home at my house as long as she lives; and I direct that my executors attend to this." The testimony which was offered on the one side and the other of declarations of the testator, as to his wishes and intentions, was rightly excluded. His intention must be gathered from the will itself, viewed in the light of the existing circumstances. This is now conceded. The word "home," when made the subject of a devise, is ambiguous, and may mean merely the use of sufficient room, or it may include a support. We have therefore to put ourselves, as far as possible, in the testator's place, to ascertain the meaning which it bore in his mind. The testator left a widow, who was his second wife and childless; a daughter, Mrs. Childs, who was a widow with one child; an adopted son, who was his grandson; and a sister, Mrs. Leonard, who had an unmarried daughter and several married children. His family, at the time of making the will and also of his death, consisted of his wife, his adopted son, his sister, Mrs. Leonard, and her unmarried daughter; also, usually, a servant to do the house work, and in summer a man to do the work of the house and of the place. He left property, mostly real estate, of the appraised value, above his debts, of about $26,500, and of the value, as estimated at the time of the hearing, of $22,000 or $23,000. Of this, according to the appraisement, the personal estate amounted to $4,694.94, the real estate to $31,845, and the debts and cost of administration were estimated by the executors at about $10,000. Whether this difference in the net valuation was caused by a lower estimate of values or by an excess of debts we do not know. His dwelling house was large, with a large yard, garden, and stable, situated in the center of the town of Westborough. It had fifteen rooms, and was arranged to be heated by steam, by means of a boiler in the cellar. His sister, Mrs. Leonard, was entirely helpless, and unable to move any of her limbs; a widow, about 80 years old, very feeble, and requiring constant attendance. She had live in the testator's family about 10 years. She became an invalid, unable to do work, several years before his death. Before becoming an invalid, when at his house, she had assisted in his family enough to earn her living, or more, when well. She was paid nothing, but was treated as one of the family. Her only income and independent means of support were a pension of $144 per year. Her daughter lived there also, on similar terms, as one of the family. The testator had provided for the daughter partially, not only when she was there, but when she was away. He had invited Mrs. Leonard to come to his house, and to make it her home, and, when she was taken sick, he requested her daughter also to do the same. It...
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