Kershaw v. Kershaw, 2438
| Court | United States State Supreme Court of Rhode Island |
| Writing for the Court | PAOLINO |
| Citation | 84 R.I. 429,125 A.2d 126 |
| Parties | Harry P. KERSHAW et al., Ex'rs, v. Harry P. KERSHAW et al. Eq. |
| Docket Number | No. 2438,2438 |
| Decision Date | 03 August 1956 |
Page 126
v.
Harry P. KERSHAW et al.
Page 127
[84 R.I. 436] Hudner & Smith, Norman F. Smith, Fall River, Mass., for petitioners.
J. Russell Haire, Newport, for respondents.
[84 R.I. 430] PAOLINO, Justice.
This is a bill in equity for the construction of certain provisions of a will and for instructions to the executors thereof. When the cause was ready for hearing for final decree in the superior court it was certified to this court for determination under the provisions of general laws 1938, chapter 545, § 7. The records show that the pleadings were duly closed; that a guardian ad litem was appointed to represent the interest of any minors; that a member of the bar was appointed to represent possible future or contingent interests; and that a decree pro confesso was duly entered as to respondents who had not answered.
It appears that some years before his death the testator, an experienced businessman, opened three bank accounts [84 R.I. 431] in the joint names of himself and his son, and also transferred all of his real estate to himself and his son as joint tenants. The son and a grandson were the sole heirs and next of kin of the testator, the grandson being the only child of the deceased daughter of the testator. At his death the testator was domiciled in the town of Portsmouth in this state, and left a will in which he made certain specific bequests. In clause Third thereof he provided:
'I give, devise and bequeath to my said son, Harry P. Kershaw, any real estate standing in my name or belonging to me at the time of my decease; and all tangible personal property including automobiles, household furniture, jewelry, and cash on hand, or belonging to me, the real estate if any in fee simple and the tangible personal property absolutely.'
Clause Eleventh of the will provided as follows:
'I direct that all legacy, inheritance, estate and all other taxes due from my estate be paid out of the rest and residue of my estate.'
Clause Twelfth thereof provided that the rest and residue, which was by far the bulk of the estate, should be divided into two parts. The respondent B. M. C. Durfee Trust Company was named trustee of one part of said residue and the respondent Fall River National Bank the trustee of the other part. The testator's son was to receive five sixths of the income and as much of the principal as the trustees deemed necessary for his comfort, maintenance and support, and the testator's only grandson was to receive one sixth of the income and as much of the principal as the trustees deemed necessary for his comfort, maintenance and support. This residuary clause further provided in substance that after the settlement of the estate and after the payment of all specific legacies, inheritance taxes, taxes of all kinds, costs of administration, funeral bills and other bills and
Page 128
obligations, all the rest and residue of the estate in the hands or possession of the executors was to be paid over to the above-mentioned trustees for the purposes therein set forth.[84 R.I. 432] At the time of the testator's death there stood in his own name securities valued at $282,256.88, a checking account in the Florida National Bank with a balance of $245.02, and an automobile valued at $825; and there stood in the joint names of the testator and his son real estate valued at $48,225, a checking account in the Fall River National Bank with a balance of $9,406.29, a checking account in the Fall River Trust Company with a balance of $38,385.32, and an account in the First Federal Savings and Loan Association in Fall River with a balance of $5,300.
The will was duly probated and the executors thereof, who...
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Estate of Reno v. C.I.R., No. 89-2078
...Gallagher's Will, 57 N.M. 112, 255 P.2d 317 (1953); In re Heringer's Estate, 38 Wash.2d 399, 230 P.2d 297 (1951); and Kershaw v. Kershaw, 84 R.I. 429, 125 A.2d 126 (1956). In Gallagher's Will, the decedent had expressed his intent that if his wife chose to take her share of community proper......
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Reynolds v. Reynolds, No. NP 2006-0063 (R.I. Super 4/2/2007), No. NP 2006-0063
...Bank v. Bennett, 110 R.I. 448, 293 A.2d 924 (1972); Indus. Nat'l Bank v. Barrett, 101 R.I. 89, 220 A.2d 517 (1966); Kershaw v. Kershaw, 84 R.I. 429, 125 A.2d 126 (1956); Union Trust Co. v. Watson, 76 R.I. 223, 68 A.2d 916 For example, in Union Trust Co., the Supreme Court had to determine w......
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Industrial Nat. Bank of R. I. v. Barrett, No. 1-78
...723, Union Trust Co. v. Watson, 76 R.I. 223, 68 A.2d 916, Industrial Trust Co. v. Budlong, 77 R.I. 428, 76 A.2d 600, Kershaw v. Kershaw, 84 R.I. 429, 125 A.2d 126, and Boyd v. Jordan, 92 R.I. 232, 168 A.2d 286. The basic rule of construction enunciated in those cases is that in the absence ......
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Industrial Nat. Bank of R. I. v. Isele, Nos. 57
...it obvious that he felt bound by a statement of ours in Horton v. Horton, 46 R.I. 492, 129 A. 499, later approved in Kershaw v. Kershaw, 84 R.I. 429, 125 A.2d 126, which he construed as precluding him from conducting an evidentiary hearing or engaging in the fact-finding process. It is to t......
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Estate of Reno v. C.I.R., 89-2078
...Gallagher's Will, 57 N.M. 112, 255 P.2d 317 (1953); In re Heringer's Estate, 38 Wash.2d 399, 230 P.2d 297 (1951); and Kershaw v. Kershaw, 84 R.I. 429, 125 A.2d 126 (1956). In Gallagher's Will, the decedent had expressed his intent that if his wife chose to take her share of community proper......
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Reynolds v. Reynolds, No. NP 2006-0063 (R.I. Super 4/2/2007), NP 2006-0063
...Bank v. Bennett, 110 R.I. 448, 293 A.2d 924 (1972); Indus. Nat'l Bank v. Barrett, 101 R.I. 89, 220 A.2d 517 (1966); Kershaw v. Kershaw, 84 R.I. 429, 125 A.2d 126 (1956); Union Trust Co. v. Watson, 76 R.I. 223, 68 A.2d 916 For example, in Union Trust Co., the Supreme Court had to determine w......
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Industrial Nat. Bank of R. I. v. Barrett, 1-78
...723, Union Trust Co. v. Watson, 76 R.I. 223, 68 A.2d 916, Industrial Trust Co. v. Budlong, 77 R.I. 428, 76 A.2d 600, Kershaw v. Kershaw, 84 R.I. 429, 125 A.2d 126, and Boyd v. Jordan, 92 R.I. 232, 168 A.2d 286. The basic rule of construction enunciated in those cases is that in the absence ......
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Industrial Nat. Bank of R. I. v. Isele, s. 57
...it obvious that he felt bound by a statement of ours in Horton v. Horton, 46 R.I. 492, 129 A. 499, later approved in Kershaw v. Kershaw, 84 R.I. 429, 125 A.2d 126, which he construed as precluding him from conducting an evidentiary hearing or engaging in the fact-finding process. It is to t......