Edwards v. Martin

• Decision Date: 03 January 1934
• Docket Number: No. 1185.,1185.
• Citation: 169 A. 751
• Parties: EDWARDS v. MARTIN et al.
• Court: Rhode Island Supreme Court

169 A. 751

EDWARDS

v. MARTIN et al.

No. 1185.

Supreme Court of Rhode Island.

Jan. 3, 1934.

Certified from Superior Court, Providence and Bristol Counties.

Bill in equity by Walter A. Edwards, trustee under the will of Ellen Martin, deceased, against H. Gardiner Martin and another. The superior court certified the cause for determination upon bill, answers and replications under Gen. Laws 1923, c. 339, § 35.

Decree in accordance with opinion.

Edwards & Angell, of Providence, for complainant.

Hinckley, Allen, Tlllinghast, Phillips & Wheeler, Chauncey E. Wheeler, and W. Harold Hoffman, all of Providence, for H. Gardiner Martin.

Littlefield, Otis & Knowles and James B. Littlefleld, all of Providence, for Mildred Martin.

HAHN, Justice.

This is a bill in equity brought by the trustee under the will of Ellen Martin, deceased, for instructions as to the disposition of the principal of a trust created by said will and of the income accruing thereto since the decease of Harold G. Martin, life tenant of the income of said trust. The cause, being ready for hearing for final decree, has been certified to this court for determination under the provisions of G. L. 1923, c. 339, § 35, upon bill, answers, and replications.

Ellen Martin died on July 31, 1920, and was survived by her son, Harold G. Martin, and by his son, respondent H. Gardiner Martin, referred to in her will as Harold G. Martin, Jr. By her will, after certain specific bequests and devises, she devised and bequeathed all the residue of her estate to James E. Thompson upon trust, with certain reservations, to pay over the income therefrom to her son Harold G. Martin during his lifetime. Provision for the disposition of the remainder after his death was as follows:

"If my son, said Harold G. Martin, shall decease before my said grandson, Harold G. Martin, Jr., shall have attained the age of twenty-five years, then such income shall be paid by said trustee to said grandson until he attains said age of twenty-five years; and if my said son, Harold G. Martin, shall have deceased before my said grandson shall have attained the age of twenty-five years, upon said grandson's attaining the age of twenty-five years said trustee shall then convey and transfer all the assets and property, both real and personal, in his possession to my grandson, said Harold G. Martin, Jr., to have and to hold the same to him, his heirs and assigns forever.

"If said grandson should marry and decease before having reached the age of twenty-five years, leaving issue, then said trustee or his successors in said trust shall hold said estate until the youngest of said issue shall have attained the age of twenty-one years and pay over the income for the benefit and support of the widow and issue, share and share alike, if any there may be.

"If, however, said grandson shall pre-decease my said son, said Harold G. Martin, without leaving widow or issue, then forthwith said trustee or his successor in said trust shall convey and transfer to my said son all of the said trust estate of every kind and description, to have and to hold the same to him, bis heirs and assigns forever."

Shortly after the death of the testatrix, James E. Thompson resigned as trustee, and the complainant was appointed in his place. Harold G. Martin, son of the testatrix, died on July 26, 1933. At that time respondent H. Gardiner Martin was over 25 years of age. Harold G. Martin left a will whereby he devised and bequeathed all his estate to his widow, respondent Mildred Martin, the mother of respondent H. Gasdiner Martin, and she was appointed executrix thereof.

In the will of Ellen Martin no express provision was made for the disposition of the remainder after the son's life interest in the event of the son's death before the grandson and after the grandson had reached the age of 25, and it is by reason of the omission to provide expressly for this contingency that the trustee brings this bill for instructions. The...