Hull. v. Hoilloway

• Decision Date: 30 October 1889
• Citation: 20 A. 445,58 Conn. 210
• Parties: HULL. v. HOILLOWAY et al.
• Court: Connecticut Supreme Court

20 A. 445

58 Conn. 210

HULL.

v. HOILLOWAY et al.

Supreme Court of Errors of Connecticut.

Oct. 30, 1889.

Error from superior court, New London county.

H. A. Hull, for plaintiff. It. Wheeler, for defendant G. E. Holloway. A. Brandegee, for defendants G. E. Holloway, Jr., and Vera G. Holloway.

HALL, J. This action is brought by the trustee under the will of Mary E. Holloway, deceased, to obtain for his guidance a construction of certain clauses of the will. The part of the will giving rise to the questions in the case is as follows: "All the real estate of which I die possessed, and all my personal property, except such as is hereinafter named and specially bequeathed, I give, devise, and bequeath to Patrick H. Hutchinson, of the city to Boston, within the county of Suffolk and commonwealth of Masssachusetts, in trust for the following uses and purposes, namely, to be by him held, managed, invested, reinvested, and expended for the benefit, maintenance, and support of my husband, Gideon E. Holloway, during his life, and, after his death, for the benefit, maintenance, and support of my son, Gideon E. Holloway, Junior, and of any child or children of my said son which may be born hereafter, as the fruit of any marriage by him hereafter contracted. This trust is to continue during the lives of my said husband and my said son, and during the life and minority of any of my said son's children, born as aforesaid. I hereby give said trustee full power and authority to mortgage, sell, and convey any and all of my said real estate, whenever in his judgment it shall be for the advantage of the beneficiaries under this trust; but he may so mortgage or sell said real estate during the life-time of my said husband only with his written consent. I direct that said trustee shall from time to time pay and transfer and convey to my said husband, for his use and benefit, so much of the income and principal of the above-named property as my said husband may require for his own personal use, the same to be paid, transferred, and conveyed to my said husband upon his written request. I direct that no part of said trust fund shall be used to pay any existing or future indebtedness of my said husband or of my said son; neither shall said trust fund be liable in any way for any debts of my said husband or son now outstanding, if any, or for any that hereafter may be contracted by either of them. And it is my will that, after the death of my said husband, the income of property then remaining in the hands of said trustee and belonging: to said trust funds, or so much of said income as said trustee may deem necessary, shall be expended by him for the benefit, maintenance, and support of my said son, and of his child or children of any marriage to be by him hereafter contracted, if any. Any portion of said income not so expended may, at the discretion of said trustee, be added to the principal of said fund, or be reserved to meet any extraordinary requirements of those for whose benefit said trust is created. I direct that upon the termination of said trust by the death of my husband and son, and the death or majority of my son's child or children, as aforesaid, the property held under the provisions of said trust be divided among my heirs at law according to the statutes of the state of Connecticut for the distribution of intestate property, excluding there from the issue of my son's first marriage." The property covered by the trust is a piece of real estate situated in the city of New London, and subject to a mortgage. The beneficiaries under the trust are Gideon E. Holloway, husband of the testatrix, Gideon E. Holloway, Jr., her son, and Vera G. Holloway, her granddaughter. The trustee, in his complaint, propounds the following questions: (1) What authority said trustee has to sell said real estate, and under what restrictions he must act. (2) What money or proceeds of said sale said trustee can lawfully pay to said Gideon E. Holloway under said will. (3) Whether said Gideon E. Holloway has the unqualified right to demand of said trustee a. sale, and the payment to him of the whole or any part of the proceeds of said sale, or a conveyance of said real estate to him. (4) Whether said trustee is to exercise his personal discretion as to the needs and requirements of said Gideon E. Holloway, and in paying money to said Holloway on his request under said will. (5) What money or proceeds of sale of said land said trustee can pay to said Gideon E. Holloway, Jr., under said will, and what rights he has to said money or proceeds during the life of his father. (6) What money or proceeds of sale of said land said trustee can pay to said Vera G. Holloway, and what rights she has to said money or proceeds during the lives of her father and grandfather. (7) Whether said trustee is authorized or directed to transfer said real estate or the proceeds to said Gideon E. Holloway upon his simple request in writing, or whether said trustee shall first be satisfied in the exercise of his own discretion that said Holloway actually requires the same for his necessary uses and personal maintenance and support.

All parties in interest agree that it is for the advantage of the beneficiaries that the property he sold, and, Gideon E. Holloway having consented in writing to the sale, it becomes the duty of the trustee, under a proper order of the court of probate, to sell the property, and convert the proceeds of the sale into a trust fund, to be held for the purposes named in the will. This disposes of the first question proposed.

The main questions of the case involve the rights of Gideon E. Holloway, Sr., in the trust fund, and are suggested by the following ambiguous language contained in one clause of the will, a construction of which will afford a general answer ton early all the questions presented. This clause reads as follows: "I direct that said trustee shall from time to time pay and transfer and convey to my said...