Dodge Testamentary Trust, Matter of

Decision Date16 February 1983
Docket Number55311,55290,54996,54973,Docket Nos. 55335,55337 and 55356
PartiesIn the Matter of the John F. DODGE TESTAMENTARY TRUST. Fredericka Van Lennep CALDWELL, John F. Van Lennep, Manufacturers National Bank of Detroit, as Trustee under will of Frances Dodge Van Lennep, deceased, Appellants, v. The DETROIT BANK & TRUST CO., Trustee under will of John F. Dodge, deceased, Winifred Seyburn Cheston, Suzanne Seyburn Meyer, Edith Seyburn Quintana, Isabel Seyburn Harte, Judith Johnson McClung, Mary Ann Dodge Danaher, Individually and as Personal Representative of the Estate of John Duval Dodge, deceased, Richard S. Wilson, Barbara Wilson Eccles, Frederick L. Van Lennep, Matilda R. Wilson Fund, Joseph Freedman, Personal Representative of the Estate of Winifred Dodge Seyburn, deceased, Annie Laurine Dodge Van Etten and Frederick G. Buesser, Jr., Guardian Ad Litem, Appellees. Judith Johnson McCLUNG, Appellant, v. DETROIT BANK & TRUST CO., Trustee under will of John F. Dodge, deceased, et al., Appellees. Matilda R. Wilson FUND, Appellant, v. DETROIT BANK & TRUST CO., Trustee under will of John F. Dodge, deceased, et al., Appellees. Winifred Seyburn CHESTON, Suzanne Seyburn Meyer, Edith Seyburn Quintana and Isabel Seyburn Harte, Appellants, v. DETROIT BANK & TRUST CO., Trustee under will of John F. Dodge, deceased, et al., Appellees. Joseph FREEDMAN, Personal Representative of the Estate of Winifred Dodge Seyburn, deceased, Appellant, v. DETROIT BANK & TRUST CO., Trustee under will of John F. Dodge, deceased, et al., Appellees. Annie Laurine Dodge VAN ETTEN, Appellant, v. DETROIT BANK & TRUST CO., Trustee under will of John F. Dodge, deceased, et al., Appellees. Richard S. WILSON and Barbara Wilson Eccles, Appellants, v. DETROIT BANK & TRUST CO., Trustee under will of John F. Dodge, deceased, et al., Appellees.
CourtCourt of Appeal of Michigan — District of US

Bodman, Longley & Dahling by Louis F. Dahling, George D. Miller, Jr., and Charles N. Raimi, Detroit, for Joseph Freedman.

Honigman, Miller, Schwartz & Cohn by Jason L. Honigman, David K. Page, Charles Nida, Phyllis G. Rozof, and Norman C. Ankers, Detroit, for Judith McClung.

Dykema, Gossett, Spencer, Goodnow & Trigg by Raymond T. Huetteman, Jr., John R. Dykema and Paul Owen Ashba, Detroit, for Fredericka Van Lennep Caldwell, John F. Ven Lennep & Manufacturers Nat. Bank of Detroit, Trustee under the will of Francis Dodge Van Lennep.

Tolleson, Mead, Welchli & Dahn by Roy M. Tolleson, Jr., and Robert D. Welchli, Detroit, for Frederick L. Van Lennep.

Fildew, Hinks, Gilbride, Miller & Todd by John H. Fildew, Alan C. Miller, Randall S. Wangen, Detroit, for Annie Laurine Dodge Van Etten.

Hill, Lewis, Adams, Goodrich & Tait by Thomas E. Coulter, John D. Mabley and Timothy W. Hefferon, Detroit, for Mary Ann Dodge Danaher and Estate of John Duval Dodge.

Butzel, Long, Gust, Klein & Van Zile by George E. Brand, Jr., Margaret E. Greene & Carl Rashid, Jr., Detroit, for Matilda R. Wilson Fund.

Clark, Klein & Beaumont by James E. Beall, Detroit, for Detroit Bank & Trust Co., Trustee under the will of John F. Dodge.

Dickinson, Wright, Moon, VanDusen & Freeman by Thomas E. Owen & Henry M. Grix, Detroit, for Winifred S. Chester, Suzanne S. Meyer, Edith S. Quintana & Isabel S. Harte.

Edwards & Edwards by Sharon-Lee Edwards and William J. Richards, Detroit, for Richard Wilson & Barbara Wilson Eccles.

Before BEASLEY, P.J., and RILEY and MARUTIAK, * JJ.

BEASLEY, Presiding Judge.

This appeal is taken by various interested parties from an order of the Wayne County Probate Court directing distribution of the trust corpus of a testamentary trust arising under the will of John F. Dodge, deceased. The order was entered pursuant to a thorough and carefully drawn opinion prepared by Judge Willis F. Ward of the Wayne County Probate Court, in which he made findings of fact, conclusions of law and determination of claims.

John F. Dodge, an early and highly successful automobile manufacturer, died testate on January 14, 1920. His will, which was dated April 4, 1918, was admitted to probate in the Wayne County Probate Court. In his will, John F. Dodge created a residuary trust which provided, among other things, as follows:

"14. Subject to the carrying out of the foregoing provisions of this my last Will, I direct my said trustees to expend the net income of my said estate, as follows:

"(a) To pay to my wife, Matilda R. Dodge, one fifth of same in quarterly payments, during the life of my said wife;

"(b) To pay to my daughter, Winifred Dodge Gray, one fifth of same in quarterly payments, during the life of my said daughter;

"(c) To pay to my daughter, Isabella Cleves Dodge, one fifth of same in quarterly payments, during the life of my said daughter;

"(d) To set aside each year until my daughter, Frances Matilda Dodge shall become twenty five years of age, one fifth of said net income for the benefit of my said daughter, and out of same to pay to my said daughter in quarterly payments, such sums as may be necessary, in the judgment of my said trustees, to provide my said daughter with proper maintenance for herself and her home, if she shall be established in a home of her own, clothing, education and recreation; and I direct my said trustees to invest and re-invest and keep invested so much of said income herein provided for my said daughter, as shall not be used for her benefit under this clause up to the time she shall become twenty five years of age.

"When my said daughter shall become twenty five years of age, I direct my said trustees to pay to her all such sums as may have been accumulated for her by my said trustees hereunder, and thereafter to pay to my said daughter said one fifth of said income in quarterly payments during the life of my said daughter.

"(e) To set aside each year until my son, Daniel George Dodge, shall become twenty five years of age, one fifth of said net income for the benefit of my said son, and out of same to pay to my said son in quarterly payments, such sums as may be necessary in the judgment of my said trustees, to provide my said son with proper maintenance for himself and his home, if he shall be established in a home of his own, clothing, education and recreation; and I direct my said trustees to invest and re-invest and keep invested so much of said income herein provided for my said son, as shall not be used for his benefit under this clause up to the time he shall become twenty five years of age.

"When my said son shall become twenty five years of age, I direct my said trustees to pay to him all such sums as may have been accumulated for him by my said trustees hereunder, and thereafter to pay to my said son said one fifth of said income in quarterly payments during the life of my said son.

"(f) Upon the death of my said wife, Matilda R. Dodge, I direct my said trustees to dispose of the one fifth part of said income herein provided to be paid to my said wife, for my said daughters, Winifred Dodge Gray, Isabella Cleves Dodge and Frances Matilda Dodge and my said son, Daniel George Dodge, share and share alike in the same manner that my trustees are hereinbefore directed to dispose of the portions of said income provided for my said children respectively.

"(g) In the event that any of my children, Winifred Dodge Gray, Isabella Cleves Dodge, Frances Matilda Dodge and Daniel George Dodge, shall die without leaving lawful issue him or her surviving, then in that event, I direct my said trustees to dispose of the share of said income provided for such deceased child or children, among the survivors of said Winifred Dodge Gray, Isabella Cleves Dodge, Frances Matilda Dodge and Daniel George Dodge, in the same manner respectively that my said trustees are directed to dispose of the portions of said income provided for said Winifred Dodge Gray, Isabella Cleves Dodge, Frances Matilda Dodge and Daniel George Dodge;

"(h) In the event that any of my said children, Winifred Dodge Gray, Isabella Cleves Dodge, Frances Matilda Dodge and Daniel George Dodge, shall die, leaving lawful issue him or her surviving, then I direct my said trustees to pay the portion of such income provided for such deceased child or children to such issue of such deceased child or children or the lawful representatives of such issue in quarterly payments as long as any of my said children, Winifred Dodge Gray, Isabella Cleves Dodge, Frances Matilda Dodge and Daniel George Dodge, shall survive, and upon the death of all of my said children, Winifred Dodge Gray, Isabella Cleves Dodge, Francis Matilda Dodge and Daniel George Dodge, then I direct my said trustees to convey my said estate to the heirs of my said children, Winifred Dodge Gray, Isabella Cleves Dodge, Frances Matilda Dodge and Daniel George Dodge, in such proportion as by law such heirs shall be entitled to receive same.

"The provisions I have made in this Will for my son John Duval Dodge, have been made after careful thought and deliberation on my part, un-influenced by any person or persons whomsoever, and I believe these provisions to be the most wise I can make for my said son, John Duval Dodge. I make this explanation in order that it may be known that I have given careful thought to the claims of my said son, John Duval Dodge, and in order that neither my wife, nor any of my children may be accused of having influenced me in reference to the provisions that I have herein made in regard to my said son."

John F. Dodge left surviving him his widow, Matilda R. Dodge (Wilson), and six children, John Duval Dodge, Winifred Dodge Gray (Seyburn), Isabella Cleves Dodge (Sloane), Frances Matilda Dodge (Van Lennep), Daniel George Dodge, and Anna Margaret Dodge. The first three children were born of testator's marriage to Ivy Dodge, who died in 1900, and the second three were...

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