In re Estate of Carpenter
| Decision Date | 14 May 1914 |
| Docket Number | 29,292 |
| Parties | IN RE ESTATE OF MARIA CARPENTER, Deceased, Appellee, v. ANN MARIA WILEY, Legatee, Appellant |
| Court | Iowa Supreme Court |
Appeal from Linn District Court.--HON. MILO P. SMITH, Judge.
APPLICATION for the construction of a will, in which Ann Maria Wiley, a devisee and legatee, claimed that the testatrix gave her certain specific property, and that thereunder she is entitled to the larger part of the estate. The trial court denied her claim, and she appeals.--Modified and Remanded.
Modified and Remanded.
Rickel & Dennis, for appellant.
Redmond & Stewart, for appellee.
Maria Carpenter died testate October 10, 1911. On the 10th day of December, 1889, she made a will from which we extract the following:
After all my lawful debts are paid, I give, devise and bequeath all my property, both real and personal, to be divided as follows, to wit: I direct my executor hereinafter mentioned to sell all my real estate and securities, as soon after my death as may be practicable, without unreasonable sacrifice of the proceeds.
First--I give, devise and bequeath to my children, John E. Carpenter Taylor Carpenter, Delia Diana Carpenter and George P. Carpenter, the sum of seventeen hundred and fifty dollars ($ 1,750.00) each, this being the amount given me by my said before mentioned children from their share of their father's estate, and by me invested in my homestead on Third avenue.
Second--I further give, devise and bequeath to my children, John F. Carpenter, Taylor Carpenter, Delia Diana Carpenter and George P. Carpenter, the sum of one thousand dollars ($ 1,000.00) each, except there shall be deducted from the share of Taylor Carpenter, one hundred and seventy-five dollars ($ 175.00), which sum I have already advanced to him, and except further that I hereby direct that the one thousand dollars ($ 1,000.00) before mentioned to Delia Diana Carpenter shall be placed in the hands of my executor, or trustees appointed for that purpose, to be kept in their hands for the use of my said daughter, during her life; the income to be paid to her quarterly or semiannually as may seem best to my executor or trustees, and I further give, devise and bequeath to my said daughter Delia Diana Carpenter all the remainder of the proceeds of the sale of my homestead, over the sum of seven thousand dollars ($ 7,000.00) heretofore divided between John F., Taylor, Delia D. and Geo. P. Carpenter, to be invested by my executor, or trustees appointed for that purpose, as above provided in the case of the one thousand dollars ($ 1,000.00) for her use during her natural life, and if my daughter Ann Maria Wiley shall take charge of and take care of my daughter Delia Diana Carpenter during her life, then and in that event, the before mentioned one thousand dollars ($ 1,000.00) and the above mentioned remainder of the homestead proceeds, or so much thereof as shall remain after providing for care of said Delia Diana Carpenter, shall on the death of said Delia Diana Carpenter, descend to and be and become the sole property of my said daughter, Ann Maria Wiley, and my executors or trustees are hereby directed to pay the same over at once to my said daughter, Ann Maria Wiley, in the event contemplated.
To my daughter, Ann Maria Wiley, I give the sum of two thousand dollars ($ 2,000.00).
To my daughter, Harriet Jane Reed, I give the sum of two thousand dollars ($ 2,000.00).
To my grandchildren, William Maguire Reed and Theron Carpenter Reed, I give the sum of five hundred dollars ($ 500.00) each.
. . . All the residue of my property of every kind shall be divided between all my children, share and share alike, or as they may agree. . . .
Later, and on the 14th day of June, 1901, she made a codicil which, so far as material, reads as follows:
First--John F. Carpenter and Delia Diana Carpenter, two of my children named in my said will, having since the date thereof, died unmarried and without issue; therefore all bequests made to them, and all provisions made in said will respecting said bequests, are hereby expressly revoked; I also revoke the bequest of five hundred dollars to each of my two grandchildren, viz., William Maguire and Theron Carpenter Reed, for the reason that I now have two other grandchildren and my circumstances have somewhat changed since the date of signing my said will.
Second--The two bequests of seventeen hundred and fifty dollars each, to my two children John F. Carpenter and Delia Diana Carpenter, being revoked, I hereby give my daughter Ann Maria Wiley the free use and absolute control of thirty-five hundred dollars during the full term of her natural life, or as long as she remains single, and at her death or marriage, I direct that said thirty-five hundred dollars go to my two sons, Taylor Carpenter and George P. Carpenter, equally share and share alike, also the bequest of five hundred dollars to each of my grandchildren being revoked, I give my said daughter, Ann Maria Wiley, the free use and absolute control of one thousand dollars ($ 1,000.00) during the term of her natural life, or so long as she remains single and unmarried, but upon her marriage, the said one thousand dollars shall go to my daughter, Harriet Jane Reed, my intention being to give my said daughter, Ann Maria Wiley, the free use and absolute control of $ 4,500.00 during her life or until she marries, in addition to the other provisions made by me for her, and I hereby give her further sum of two thousand dollars ($ 2,000.00) in addition to the amount provided in my said will, the same to be hers absolutely, without conditions or restrictions. My reason for providing for my said daughter more bountifully than any other one child rest in the facts that she is alone in the world, or at least will be when I am gone, and because she has remained faithful to me all her life, ministering to my every want, and because of her faithful devotion to my invalid daughter, Delia Diana Carpenter, until the hour of her death.
Sixth--To Mrs. Maude Carpenter, wife of my son Taylor, I give the sum of one hundred and seventy-five dollars. This I do in recognition of the valuable services she has rendered me, and for which I do not now feel able to pay her at present in view of my income and expenses. . . .
Testatrix died seised of a lot in the city of Cedar Rapids, which was, and for many years had been, her homestead. She also had the ordinary household goods, $ 91.78 cash in the bank, and held notes for $ 1,100 and $ 205, respectively. The will was duly probated, and an executor appointed, who took charge of the homestead, settled and collected the rents therefrom, paid the expenses incident thereto, from the revenues, and finally, under the order of court, sold the same for $ 5,300. Testatrix had much more property at the time she made the will and codicil, than she did at the time of her death, and there was not enough remaining at her death to pay all the legacies and devises.
The executor made a report in which he showed that the total amount received by him, including a note for $ 231.11 of one Geo. P. Carpenter, was $ 6,997.71, and that his total disbursements were $ 2,454.63, leaving a balance, including the Carpenter note, of $ 4,593.81. Among the expenditures were $ 153.38 advanced to Ann Maria Wiley on account of the legacy to her, and $ 630 advanced to Taylor Carpenter on account of the legacy to him. The executor asked the approval of his report, and for further directions in the premises.
Taylor, Geo. P., and Maud N. Carpenter appeared and asked that from the money on hand there be paid to Taylor Carpenter and George P. Carpenter the full sum of $ 1,750, less any payments already made to either, as provided in the first clause of testatrix's will. Ann Maria Wiley appeared and asked a construction of the will. She claimed that under the will and codicil she was entitled to the whole of the estate left by deceased during her natural life, save the two items of $ 1,000 and $ 2,000, respectively, in the second division of the codicil, which two sums were given to her absolutely. She also objected to the payment made to Taylor Carpenter, and asked that the entire amount in the hands of the executor be turned over to her under the provisions of the will and codicil.
Such are the claims for the respective parties, and on this record the trial court ordered the executor to pay to Taylor and George P. Carpenter each the sum of $ 1,750, less any amounts already paid to them, and the residue to Ann Maria Wiley. The appeal is from this order, and the only questions presented relate to the construction of the will and codicil before quoted.
Appellant contends: (1) That the devises or legacies in the first division of the will are general, and not specific; (2) that the property or the proceeds thereof should be distributed in accord with the terms of the codicil, which at most made all the legacies in the will general; and (3) that, as she was given by substitution the property theretofore given by will to two of testatrix's children, she is at least entitled to the shares that they would have received had there been no...
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