Dozier v. Dozier

• Decision Date: 20 June 1904
• Citation: 183 Mo. 137,81 S.W. 890
• Parties: DOZIER v. DOZIER et al.
• Court: Missouri Supreme Court

81 S.W. 890

183 Mo. 137

DOZIER v. DOZIER et al.

Supreme Court of Missouri, Division No. 1.

June 20, 1904.

WILLS—CONSTRUCTION — TRUSTS — ESTATE BEQUEATHED —RESIDUARY BEQUEST.

1. Testator, after bequeathing certain life estates in a part of his property, and forgiving certain debts of his relatives, by the sixth clause of his will, bequeathed to his brother the

bulk of his estate, consisting of stocks in a corporation, in trust for the benefit of certain other brothers and sisters named; directing that the trustee should pay over to the beneficiaries of the trust the dividends collected on the stock, with power to the trustee to sell the stock and reinvest the proceeds; directing that, at the death of any beneficiary, his or her descendants should take their share divested of the trust. Testator then directed that the residuum of his estate, which consisted only of a remainder in a lot previously devised to his mother for life, and certain stock set aside for the support of a brother for life, should be equally divided absolutely among his other brothers and sisters and their children. Held, that the beneficiaries under the sixth clause of the will took a life estate only in the property bequeathed therein, remainder to their children or grandchildren in the direct line, discharged of the trust.

2. Where personal property was bequeathed in trust for certain beneficiaries named, and, at the death of any of them, to his or their descendants, divested of the trust, on the death of one of the beneficiaries, leaving no descendants in the direct line, his proportion of the trust fund would fall into the residuum, and pass in equal proportions to the residuary legatees.

Appeal from St. Louis Circuit Court; Warwick Hough, Judge.

Suit by Lewis D. Dozier against Francis M. Dozier and others. From an adverse decree, Laura Monroe Dozier appeals. Affirmed.

Campbell & Thompson, for appellant. Randolph Laughlin, for respondents.

MARSHALL, J.

This is a suit in equity by the trustee under the will of John T. Dozier, deceased, asking the chancellor to construe said will, and to advise him as to his duty as such trustee with respect to the interest, under the will, of Adrien De Bow Dozier, deceased. The case made is this: On June 29, 1888, John T. Dozier died testate. His will is as follows:

"The last will and testament of John T. Dozier, of the City of St. Louis, witnesseth:

"For the disposition of such property as I may own at the time of my death, I, John T. Dozier do make and publish as and for my last will and testament, the following:

"1st. My debts are to be first paid, including my funeral expenses, and the costs of administration.

"2nd. To my mother, Mary A. Dozier, I devise the property situated on the north side of School Street, in the City of St. Louis, known as the Rucker Place, to be held and enjoyed by her for and during the remainder of her natural life, and at her death said property to pass in fee simple, under the seventh provision of this will, to the persons therein named or their descendants.

"3rd. To my brother, Lewis D. Dozier, I bequeath thirty (30) shares of the capital stock held by me of the capital stock of the Dozier-Weyl Cracker Company, to be held by him in trust, however, for the sole use and benefit of my brother, James H. Dozier, for and during his natural life, to whom he shall pay the dividends declared in favor of and paid on said stock from time to time, with full power in said Lewis D. or his successor in this trust, to sell said shares at his direction, and the proceeds thereof to reinvest in other property, and again to sell and reinvest without limit, and at the death of said James H. I direct that said shares, or the proceeds thereof, or if sold and the proceeds reinvested, that such investment pass as directed and provided by the 7th provision of this will to the persons therein named or their descendants.

"4th. To my brother, Lewis D. Dozier, I devise the following real estate, viz.: The undivided one-half interest which I own in the lot of ground, of which he owns the other half, situated on the south side of School Street, in the City of St. Louis, containing forty feet in front and known as the Woodridge lot. I also give and bequeath to him the following personal property, viz.: All the capital stock held by me, or to which I have any right or claim, in Goelitz Brothers Candy Company. All my interest in the horses and other live stock, carriages and other articles, harness and robes, by him and me jointly owned. Also all the interest and right which I may have in the furniture, fixtures, pictures and other household effects at the homestead, No. 3128 School Street, in said City; also my gold watch and chain and diamond stud.

"5th. To Benj. A. Dozier, Adrien Dozier, James H. Dozier, Helen Dozier, Rowena Schaeffer and J. W. Stone, I give and bequeath respectively all the notes and obligations held by me against them, and direct all such claims and all due me from them or from either of them on open account to stand released and fully discharged. And to my sisters, Rowena Mason and Elvira H. Stone, I give, respectively, the amount still due or coming due to me from my father's estate, amounting to about the sum of six hundred dollars, from the two, and direct that they stand discharged from the obligation to make good to me that amount found coming to me on final settlement of said estate in the Probate Court in said city.

"6th. To my brother, Lewis D. Dozier, I give and bequeath all the shares of the capital stock held by me in the Dozier-Weyl Cracker Company, except those bequeathed by the third provision of this will, to be held by him in trust, however, for the sole and separate use and benefit of the persons named in the seventh provision of this will and in the proportions therein provided, to whom he shall pay the dividends declared in favor of and collected on said shares according to their respective interests, from time to time, with full power in said trustee to sell said shares of stock at his proper discretion and the proceeds thereof to reinvest in other property, and again to sell and reinvest without limit. And at the death of any one of the beneficiaries, his or her descendants shall be entitled to their interest in said shares or their proceeds, or in the property in which said proceeds may in the meantime have been reinvested, divested of this trust.

"7th. After the foregoing devises and bequests have been fully satisfied, I give, devise and bequeath, all the rest and residue of my estate, real, personal and mixed, as follows:

"One equal part to my brother, Francis M. Dozier; one equal part to my brother, Lewis D. Dozier; one equal part to my sister, Elvira H. Stone; one equal part to my sister Rowena Mason; one equal part to my sister Margaret Adeline Dozier; one equal part to the children of my brother for whom I make special provision in the third clause of this will named Adrien De Bow Dozier and Daisy Dozier; and one equal part to the children of my deceased sister, Priscilla Ellen Schaeffer Lynn, named Rowena Schaeffer, Mattie Willis, born Mattie Lynn, and Lewis Lynn, and it is my intention to have the persons herein named to share in the trust property referred to in the preceding provision of this in the same proportions in which they take under this provision.

"8th. I name my brother, Lewis D. Dozier, to be the sole executor of this, my last will and testament, and request that letters testamentary be granted to him without bond.

"Made at the city of St. Louis on the 28th day of January A. D. 1885.

                                "John T. Dozier. [Seal.]"
                

Lewis D. Dozier qualified as executor, and finally administered upon said estate, and has ever since been acting as trustee under said will. As such trustee, he has changed the character of some of the trust property — principally by selling the stock of the Dozier-Weyl Cracker Company, and reinvesting the proceeds in the bonds of the American Biscuit & Manufacturing Company and the stock of the National Cracker Company, all of which was done with the consent of all the beneficiaries, living at the time.

Heretofore, on June 2, 1893, Margaret Adeline Dozier, one of the beneficiaries named in the seventh clause of the will, died testate. By her will she attempted to dispose of her share of the property. The trustee, Lewis D. Dozier, being in doubt, under the will, as to her power to dispose of such interest, and as to his duty in making distribution of the profits and dividends arising from the trust fund, instituted a suit in equity, asking the court to construe the will and to advise him as to his duty. He made all the defendants in this suit parties to that suit, except Jascal W. Stone, Laura Monroe Dozier, and John Dozier Crittenden. The appellant herein, Laura Monroe Dozier, was at that time the wife of Adrien De Bow Dozier. Her husband was then living, and she was made a party defendant herein because she claims dower in the interest that her husband had in the property by virtue of the seventh clause of the will. The particular point involved in that action was whether the persons named in the seventh clause of the will took a fee-simple or only a life estate in the property. The chancellor, Hon. Leroy B. Valliant, construed the will to mean that they took only a life estate, and that at their death their share passed to their descendants, discharged of the trust, and that the term "descendants" meant children, grandchildren, etc., in a straight line. Hence the chancellor advised that as Margaret Adeline Dozier took only a life estate, and, as she died without such descendants, her share passed to the other persons named in the seventh clause of the will, and that she had no power to dispose of it by her last will. All the parties to that suit acquiesced in that judgment, and Adrien De Bow...