Golder v. Chandler

• Decision Date: 12 December 1894
• Citation: 87 Me. 63,32 A. 784
• Parties: GOLDER et al. v. CHANDLER et al.
• Court: Maine Supreme Court

32 A. 784

87 Me. 63

GOLDER et al.

v. CHANDLER et al.

Supreme Judicial Court of Maine.

Dec. 12, 1894.

(Official.)

Report from superior court, Kennebec county.

Bill by Henry W. Golder and another, executors, against Rosie E. Chandler and others, for the construction of the will of Joseph H. Chandler, deceased. Heard on report of pleadings and proofs.

The will of Joseph H. Chandler, of Belgrade, which was submitted to the court for construction in this case, after providing for the payment of debts and expenses, is as follows:

"Secondly. I direct my said executors to cause my lot in the Belgrade Cemetery, and also the lot adjoining in which the body of my father, Joseph Chandler, is interred, to be placed in good order and condition, and I hereby direct that the sum of five hundred dollars be set aside from my personal estate for said purpose.

"Third. I give, bequeath, and devise to my daughter, Rosie E. Chandler, her heirs and assigns, forever, the sum of fourteen hundred dollars from my personal estate, to be placed in the Augusta Savings Bank, and to be paid to her, principal and interest, when she shall have arrived at the age of twenty-one years.

"Fourth. I give and bequeath to my sister Elvira F. Golder the lot of land on which my house and store in which I now live is situated, together with all of the privileges and appurtenances thereunto belonging, bounded on the north by land of H. W. Golder, east by the county road, south by land of Mary E. Rollins, and west by Long Pond, to her and her heirs and assigns, forever.

"Fifth. I give and bequeath to my nephews and nieces Herbert L. Kelley, Minnie Kelley, Calvin D. Kelley, and Maude L. Golder the sum of fifty dollars each out of my personal estate.

"Sixth. I give and bequeath the sum of five hundred dollars out of my personal estate to my sister Ellen J. Organ.

"Seventh. I give and bequeath to my sister Elvira F. Colder the sum of five hundred dollars out of my personal estate.

"Eighth. I give, bequeath, and devise to my sister Elvira F. Golder, her heirs and assigns, forever, all the remainder of all the property, both real and personal, of every name and nature of which I may die possessed."

The case was submitted upon bill, answers, and proof.

The plaintiffs offered the deposition of Henry W. Golder, one of the executors, who drafted the will. Being asked to state, subject to the objection of defendants as irrelevant, all that the testator said to him when instructed to draw the will, he testified:

"He said first he wished to give to his sister Elvira F. Golder all of his real estate. He had but very little personal property, except his life insurance, and directed that it should be divided. He instructed me then to divide his life insurance as it is given in the will, with one exception. He directed the sum of five hundred dollars to be set aside from his personal estate for fixing up a burying ground lot for himself and father. Next he told me to give his daughter Rosie E. Chandler one thousand dollars, to be deposited in the Augusta Savings Bank, to be paid to her, principal and interest, when she should arrive at the age of twenty-one. Then he directed that Herbert L. Kelley, Minnie Kelley, Calvin D. Kelley, and Maude L. Golder should each receive the sum of fifty dollars out of his personal estate. He directed that his sister Ellen J. Organ should receive the sum of five hundred dollars; and the remainder of his property should go to his sister Elvira F. Golder, after all his debts were paid, expenses, etc. After I had made a memorandum for the will in that form, he read it over, said his life insurance came to more than what he had bequeathed; that he had nothing but his life insurance to leave, and he would change the bequest to his daughter Rosie E. Chandler to fourteen hundred dollars. He asked me what I meant by writing 'personal estate' so many times in there; why I did not say 'life insurance policies.' I replied that after his death his life insurance become his personal property. He distinctly said several times, while giving these instructions, that this was his life Insurance money that he was leaving to these parties.

"Ques. You say he instructed you to divide his life insurance as it is given in the will with one exception. What was that exception?"

"Ans. He afterwards increased his gift to his daughter from one thousand to four teen hundred dollars. I omitted one bequest in my answer to the sixth question. He gave five hundred dollars to his sister Elvira F. Golder."

All of the personal property, exclusive of the insurance policies, was valued in the inventory at about $525, and it was admitted in the answers that it was not sufficient to pay debts, expenses, etc.

E. S. Fogg, for plaintiffs.

M. S. Holway, for defendant Rosie E. Chandler.

STROUT, J. Bill in equity for construction of the will of Joseph H. Chandler. Testator had two policies of insurance upon his life,— one for $2,500, "payable to his legal representatives, for his heirs and assigns"; the other for $1,000, "payable to his executors, administrators, or assigns." Both policies have been paid in full to the executors. The testator made various legacies, all of which he provided should be paid "out of my [his] personal estate." He also devised a lot of land to his sister Elvira F. Golder in fee. The personal estate proves insufficient for the payment of debts, legacies, and expenses of administration. We are asked whether the money received from said policies, or any part of it, can be applied to the payment of debts, legacies, expense of administration, or for the purpose named in the second item of the will, relating to his cemetery lot.

The policy for $2,500 was made payable to his legal representatives, "for his heirs and assigns." The terms of this policy show very clearly that the testator did not intend the proceeds therefrom to constitute a part of his estate in any event, but that his personal representatives were to take it in trust for other parties. The phrase, "for his heirs and assigns," is obscure. Whether, in using that language, it was intended that the assured should retain to himself the power of assignment, if he should think fit to exercise it, and, if not exercised, the trust funds should go to his heirs, or whether the word "assigns" was intended to mean the assigns of the heirs, as if the policy read "his heirs and their assigns," is uncertain. The latter construction would seem to affect the apparent intention of the assured. But, as no assignment of the policy has been attempted, it is not necessary to determine the precise legal effect of the word "assigns" as used in it. Freed from that complication, the policy, at the death of Chandler, made his heirs the beneficiaries. It was the duty of the...