Hoadly v. Wood

• Decision Date: 26 January 1899
• Citation: 71 Conn. 452,42 A. 263
• Parties: HOADLY et al. v. WOOD et al.
• Court: Connecticut Supreme Court

42 A. 263

71 Conn. 452

HOADLY et al.

v. WOOD et al.

Supreme Court of Errors of Connecticut.

Jan. 26, 1899.

Case reserved from superior court, Hartford county; Samuel O. Prentice, Judge.

Proceeding by Charles J. Hoadly and others, as executors, against Caroline M. Wood and others, to determine the construction of the will of Martha W. Brown, deceased, in the superior court of Hartford county, and reserved by that court for advice of the supreme court of errors on a finding of facts.

The testatrix was a widow without any descendants. She left pecuniary legacies, amounting in all to $31,000, to her relations as follows: $6,000 to her sister, Mrs. Juliaette Childs; $5,000 to Caroline M. Wood, widow of her brother Luke E. Wood, and $500 to one of his grandchildren; $5,000 to Mary E. Wood, widow of her brother Dr. William Wood, and nothing to his children; $2,000 each to the two daughters, and $1,000 each to the two sons, of her deceased sister Mrs. Ursula Russell; $2,000 each to the two daughters, and $1,000 each to the two sons, of her deceased brother, Dr. Theophilus E. Wood; $1,000 to one daughter, $500 to another, and $500 to a son of her deceased sister Mrs. Mary A. Hazen; and $500 to the only child of her deceased sister Mrs. Henry Eddy. A considerably larger amount was given to public objects, and then followed these provisions: "I direct that my furniture be given to my sister Mrs. Juliaette Childs; my wearing apparel, books, and pictures to the surviving members of the following families, in equal portions, viz.: My brother Dr. Wm. Wood's; my sister Ursula Russell's; my brother Dr. T. E. Wood's; my brother Luke E. Wood's,—with this exception, that all articles shall be excepted upon which I have attached the names of the persons to whom I wish to have them given. They shall be disposed of as I designate. And all the residue of my estate I give and devise to the surviving members of my brothers and sisters families which are above named, in equal parts. In case any of the parents named should die before receiving their legacy, the same shall be divided equally between their children." The testatrix was a well-educated woman, and had been a school-teacher in early life. She died in 1897, aged 71, and her will was made in 1893, and written by herself. She had seven brothers and sisters, who married and had issue, and but one of the seven, Mrs. Childs, was living at the date of the will. Her residuary estate amounted to $45,000, all in personalty. The advice asked was as to the meaning and effect of the residuary bequest.

Lewis Sperry, for executors.

Charles E Gross, for children and grandchildren of Mary Ann Hazen. Curtis Thompson and Lucius M. Slade, for widow and children of Luke E. Wood.

Henry C. Robinson and John T. Robinson, for children of Mrs. Childs.

BALDWIN, J. (after stating the facts). The residuary provision in favor of "the surviving members of my brothers and sisters families which are above named, in equal parts," refers to the four families named in the next preceding paragraph of the will. No other families had been previously named. The testatrix had given legacies to her sister, her sisters-in-law, to nephews and nieces, and to a grandniece; but they were left, in each case, to them individually, without grouping any of them together as members of one family.

It is contended that to confine participation in the residuum to those among whom her wearing apparel, books, and pictures were to be distributed would make the particular reference to these items of her property unnecessary, whereas the testatrix evidently considered it to be important. An adequate reason for its insertion is to be found in the exception of certain articles which she had marked with the names of some other persons for whom she designed them. She naturally made...