Hayward v. Hayward

• Decision Date: 20 July 1920
• Citation: Hayward v. Hayward, 95 Conn. 122, 111 A. 53 (Conn. 1920)
• Court: Connecticut Supreme Court
• Parties: HAYWARD et al. v. HAYWARD et al.

111 A. 53

95 Conn. 122

HAYWARD et al. v. HAYWARD et al.

Supreme Court of Errors of Connecticut.

July 20, 1920

Case Reserved from Superior Court, New London County; John P Kellogg, Judge.

Suit for instructions by Mae Cadwell Hayward and others, executors and trustees of the will of Morton F. Plant, against Mae Cadwell Hayward and others.On reservation for the Supreme Court of Errors.Superior court advised relative to answering questions submitted to it.

Morton F. Plant, a resident of Groton, died November 4, 1918 leaving an estate estimated at upwards of $30,000,000, and a will dated October 16, 1918, and duly probated.There survived him his wife, now Mae Cadwell Hayward, a son, Henry Bradley Plant, the issue of his former marriage, and an adopted son, Philip Morgan Plant, who is the son of his surviving wife by her former marriage.His will, of considerable length, contains in its first five paragraphs gifts to various institutions and individuals of money amounting to some $575,000 and also of specific property.In the sixth paragraph the rest, residue, and remainder of his estate is given to the executors in trust for the following purposes and uses:

One-third of it to be held by them for the benefit of the wife during her life, she to receive its income during that time and have the power of disposal of the principal by will.In the event of the failure of such disposition the principal was to pass to the testator's next of kin.

From the remaining two-thirds sufficient sums to care in perpetuity for his family burial lot in New London and to secure the annual payment of $5,000 to a Mrs. Noyer during her life were to be set apart for these purposes, and three-fourths of the remainder was to be held for the benefit of his son and only child, Henry Bradley Plant, he to receive the accruing income coming into the hands of the trustees and the principal in four installments, to wit, one-fourth on his arriving at the age of 25, one-third of the balance on his becoming 30, one-half of what remained at 35, and the final portion at 40.Provision was also made in favor of Henry's issue should he die before reaching the age of 40, and he was given the power of disposition in case of his death without issue.

One-fourth of the two-thirds (reduced by the two inconsequential amounts as above indicated) was to be held for the benefit of the adopted son, Philip, upon substantially the same terms and conditions as was provided for in the case of Henry's three-quarters share.

The remaining paragraphs of the will authorize the trustees to hold the trust estate without division, if they so elect provide that the gift to the widow should be in lieu of dower, empower the executors and trustees in sundry matters of detail, and give various directions to them touching the management of the trust created by the will.These paragraphs possess no present importance, except the tenth and eleventh paragraphs, which are as follows:

"Tenth.I direct my trustees to continue to maintain my home at Eastern Point, Connecticut, with all its appurtenances, so long as my son Henry Bradley Plant may wish to occupy the same as a permanent or summer residence, and to charge the expense of such maintenance proportionately against the income of the trusts hereby created for the benefit of my wife and sons, before ascertaining the net income from such trusts.

"Eleventh.I authorize my trustees to continue to operate my farms, now known as Branford Farms, so long as they may deem it beneficial to the agricultural development of the country to do so, although such operation may not be profitable, and I direct that any expense of such operation be charged proportionately against the income of the trusts hereby created for the benefit of my wife and sons before ascertaining the net income from such trusts."

The testator at the time of his death owned 34 original parcels of real estate in Groton purchased by him of various persons and at various times, beginning in 1902.Some of these were located entirely separate and apart from the other.Nine of them were so located, contiguous to each other, that they were capable, by the removal of walls and fences, of being thrown together, and formed into one entire tract, separated in no other way than by a highway running through it from west to east.A tenth tract consists of a small island a little distance from the shore, and immediately in front of the land last described.

After Mr. Plant's acquisition of these nine mainland properties, he took down the division walls and fences, and built a stone wall around the land south of the road, and another around that lying north of it.These two tracts he proceeded at great expense to develop for his residential purpose.He erected buildings upon them all adapted for use in combination for this purpose, and afterwards as long as he lived so used them.Upon the land south of the highway, and that portion of it comprised in his first purchase, he, during the years 1903 to 1905, erected a large mansion house, which he called " Branford House."This was the first building erected by him.In connection therewith he constructed of pink Tennessee marble an elaborate so-called Italian garden, costing $150,000 and more.This garden contains a large number of orange trees and various plants in pots and tubs, which, being non-hardy, have, for their protection, to be placed indoors and in a heated building throughout the season of cold weather.Other structures were erected by him from time to time on the land south of the highway, and forming a group somewhat separated from the Branford House and nearer the highway.This group consisted of greenhouses, a barn, stable, power house, bay house, and laundry, and a porter's lodge.The cost to Mr. Plant of this property, grounds, and buildings was over $1,500,000.On the land across the highway he built a so-called " Bungalow," which, in fact, was a by no means mean residence, costing substantially $170,000, and there were, or were built by him, upon this piece five other buildings.Three of these he used as houses where servants employed by him in or about the Branford House resided, a fourth for the lodging and feeding of men who worked in the greenhouses, and the fifth for a central office occupied by the person having general charge of the Plant property in Groton, including the Branford House and grounds.On this piece north of the road, when he purchased it, was an ice pond.This he deepened and cleared, constructed an island therein, and stocked it with fancy fowl.

Branford House was the principal residence of Mr. Plant up to the time of his death.It was expensively furnished, at a cost of more than one-half a million dollars.The so-called " Bungalow" is a fully furnished and equipped dwelling house, containing fifteen rooms.During portions of the year, amounting to at least six weeks on the average, each fall and spring, covering the time when Branford House was being opened and closed, Mr. Plant occupied this Bungalow.During the winter season, which he customarily spent in New York, the larger house was closed and the Bungalow kept in readiness and heated for immediate occupancy by Mr. Plant or members of his family, should they desire to make winter visits, as they sometimes did.

During the periods when the Bungalow was occupied as stated, the family made use of the garage, stable, greenhouses, and other outbuildings standing on the tract south of the highway.There were no separate outbuildings designed for use in connection with the Bungalow.The latter building has never been used except for the purposes above indicated and the two inclosed tracts above described, with the buildings therein, have always been used and managed by Mr. Plant as one property, some of the same servants being employed alternately at the Bungalow, at the Branford House, or on or about any portion of the grounds.The expenditure accounts for the upkeep of these grounds and buildings, including taxes, insurance, water bills, painting, carpenter work, and sundry supplies, were kept separate from those relating to other Groton properties owned by Mr. Plant.Exclusive of living expenses, they amounted to over $83,000 annually for the years 1916, 1917, and 1918.

For some years prior to and at his death Mr. Plant owned other property, consisting of about 400 acres located in Groton and about 300 acres in East Lyme.This property was used by him for farming purposes.That portion of it which lay in Groton was and had for several years been used by him for general farming, as a cattle and dairy farm, and a portion of it for the raising of vegetables and poultry.The land in East Lyme was used by him for general farming and as a swine and sheep farm.These farm lands in Groton and East Lyme were operated under the name of " Branford Farms."Upon them he constructed many buildings used in the conduct of the farms, and had thereon an extensive and expensive equipment and much valuable stock.His operation of the farm for the years 1916, 1917, and 1918 had resulted in an average loss per year of upwards of $96,000.

Henry Bradley Plant will become 25 years of age on May 18, 1920, and Philip Morgan Plant on August 24, 1926.The following questions are reserved for advice:

" First.Whether the provisions of article tenth of said will include the house known as the Bungalow, including the lake and buildings standing adjacent thereto, and heretofore described in paragraph number 4.

" Second.As to the meaning of the term ‘ home’ in article tenth of said will.

Third.As to what property or properties the provisions of article tenth of said will include and refer to.

" Fourth.Whether the provisions of article tenth of said will refer to and...