Lansburgh v. Lansburgh, 4852.

• Decision Date: 04 February 1930
• Docket Number: No. 4852.,4852.
• Citation: 37 F.2d 997,59 App. DC 201
• Parties: LANSBURGH et al. v. LANSBURGH et al.
• Court: U.S. Court of Appeals — District of Columbia Circuit

59 App. DC 201, 37 F.2d 997 (1930)

LANSBURGH et al. v. LANSBURGH et al.

No. 4852.

Court of Appeals of District of Columbia.

Submitted December 3, 1929.

Decided February 4, 1930.

H. Wood and L. C. Garnett, both of Washington, D. C., E. H. Brownley, of Baltimore, Md., and A. L. Newmyer and M. W. King, both of Washington, D. C., for appellants.

S. C. Peelle, C. F. R. Ogilby, P. E. Lesh, J. P. Donovan, S. Lyon, V. L. Smathers, C. V. Imlay, A. Wilson, P. B. Cromelin, B. J. Laws, W. C. Clephane, J. W. Latimer, B. A. Clephane, W. H. De Lacy, and W. C. De Lacy, all of Washington, D. C., for appellees.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

VAN ORSDEL, Associate Justice.

Henry Lansburgh, a resident of the District of Columbia, died testate November 29, 1925. His last will and testament having been duly probated, the plaintiffs, executors, and trustees under the will filed a bill in the Supreme Court of the District of Columbia for a construction of the will.

From the decree this appeal was taken.

The material parts of the will read as follows:

"After the payment of my just debts and funeral expenses, I give, devise and bequeath unto all my Sisters and Brothers who may be living at the time of my death, the shares of stock and trust certificates owned by me in the Corporation of Lansburgh and Brother, including all of my right, title and interest in and to the Corporation known as Lansburgh and Brother, as represented by the said shares of stock and trust certificates, said shares of stock and trust certificates, are to be held by them, in trust for a period of ten years during which time they are to share equally, (share and share alike,) of any moneys left over, after bequests I have covering the period of the ten years for the trust, which begins at my demise, after which the stock and trust certificates are to be equally distributed between them, (share and share alike,) sincerely trusting, each will live for many years to enjoy, to the utmost, perfect health.

"(1) I desire that the sum of One Thousand Dollars, ($1000 00/100) be paid at once to the General Endowment Fund of the Shriners' Hospitals for Crippled Children in the name of W. Freeland and Mabel Kendrick, also that within one year after my demise the sum of Twenty Thousand Dollars, ($20,000 00/100) be paid to the General Endowment fund of the Shriners' Hospitals for Crippled Children, so same can be placed at interest so $1000.00 per year can be realized, this Twenty Thousand Dollars, also, as stated above is to be paid in and known as the W. Freeland and Mabel Kendrick Endowment Fund for the Shriners' Hospitals for Crippled Children.

"(2) I give and bequeath to each of my Nieces and Nephews living at the time of my death, the sum of One Hundred Dollars, ($100.00).

"(3) To William F. Murphy, who was my Assistant at Lansburgh and Brother for more than twenty five years, (and has now been employed for forty years,) as evidence of his faithful services and friendship during my lifetime, the sum of Two Thousand Dollars, ($2,000.00).

"(4) To Mrs. Mary E. McCalley, for faithful services rendered as my Housekeeper, the home and all its contents, in my name, situated at 1001 Irving St. N. W. and I further bequeath to Mrs. Mary E. McCalley, two hundred dollars per month, ($200.00 per month,) to be paid to her during the term of her natural life, the said sum of two hundred dollars per month be a charge upon the stock of Lansburgh and Brother, and shall bind my Sisters and Brothers, as Executors of my Estate, their assignees, Executors, administrators and assigns.

"If at the expiration of five years after my death Mrs. Mary E. McCalley be living, I want a lump sum of Five Thousand Dollars to be given her, also, one year after my death the sum of two thousand ($2,000.00) be given her, this in addition to the Two Hundred Dollars, ($200.00) per month during her natural life, also to be given one Thousand Dollars, ($1,000), within a week after my death, as she has been most faithful, even when ill, nothing was ever a trouble for her in serving me and making life comfortable and do request the sums be a charge upon the stock of Lansburgh and Brother and shall bind my Sisters and Brothers as Executors, of my Estate, their Assignees, Executors, Administrators and assigns.

"(5) To Miss Edna E. Sellens, formerly of the city of Baltimore, Maryland, but now, residing in the District of Columbia, I give and bequeath the sum of Two Hundred Dollars ($200.00) payable to her during the term of her natural life, also at the expiration of two years the sum of five thousand dollars, ($5,000.00) be paid to her, besides the monthly allowance during her natural life, and I do request the said sums to be a charge upon the stock of Lansburgh and Brother, and shall bind my Sisters and Brothers as Executors of my Estate, their Assignees, Executors, Administrators and assigns.

"(6) To Miss Hallie J. MacArthur, formerly of Lynn, Mass., and now residing in the District of Columbia, I give and bequeath the sum of Five Thousand Dollars, ($5,000.00) to be paid at the expiration of two years after my death, and I further request that the sum of Two Hundred Dollars, ($200.00) per month be paid her during the balance of her natural life, and also request that said sums to be a charge upon the stock of Lansburgh and Brothers, and shall bind my Sisters and Brothers, as Executors of my Estate, their Assignees, Executors, Administrators and Assigns.

"(7) I will and direct that the sum of Fifteen Hundred Dollars, ($1500.00) shall be paid for a lot for my remains, on the mound, facing the road, near the chapel, in Rock Creek Cemetery, in the District of Columbia, and I request that I may be buried in said Cemetery, and I give and bequeath the sum of ($100.00) per year for ten years, which sum is to be set aside, (after being paid to the Cemetery Association, who have charge of Rock Creek Cemetery,) for the care of said lot, and I further request that within five years after my death, a Masoleum be built on said lot, to cost the sum of Five Thousand Dollars, ($5,000.00) and my remains be disinterred and placed therein, with the simple inscription, carved over the door way in marble, `Call me Henry,' the date of my birth Feb. 2, 1869, and the date of my death, the above shall be paid out of the dividends received on the said stock of Lansburgh and Brother and subject to same conditions as set forth in preceding paragraphs.

"(8) I also direct that, during the five years I am interred under ground the sums not to exceed Two Hundred Dollars, ($200.00) be expended by my Executors for the purpose of placing a plain stone, marking my grave, with the simple inscription `Call me Henry,' with date of birth Feb. 2nd, 1869 and date of my death.

"(9) I give and bequeath $100.00 per year, for ten years, (one hundred dollars per year for ten years,) to the following institutions:

St. Joseph's Orphan Asylum.

St. Ann's Infant Asylum.

Father Russell for Orphans of St. Patrick's Church Parish, and if Father Russell be deceased, to St. Patrick's Church Parish for Orphans.

`Camp Good Will' for Outings of Poor Children.

Home for the Blind.

Ruppert Home of Anacostia, D. C.

Baptist Home of #3248 N St. N. W.

National Lutheran Home for the Aged.

Associated Charities of 923 H. St. N. W.

St. Vincent's Orphan Asylum of Edgewood, D. C.

Little Sisters of the Poor.

Masonic and Eastern Star Home at Lamond's Station.

German Orphan Asylum.

Matron of Washington City Orphan Asylum for benefit of the Orphans.

Jewish Foster Home.

Bruen Home for Children #3300 O St. N. W.

Episcopal Home for Children, Anacostia, D. C.

Methodist Home for the Aged, #601 M St. N. W.

The Presbyterian Home, #1420 M St. N. W. St. John's Orphanage.

Hebrew Home for the Aged.

"(10) Reverend James Shera Montgomery Reverend John C. Palmer Reverend David Ransom Covell Reverend George F. Dudley Reverend Charles E. Fultz Reverend James E. Freeman Reverend Dr. W. S. Abernethy Church at 8th and H St.

Each of the above very dear friends are to be given $100. per year (One Hundred Dollars per year) to be placed at interest at 6% the interest only to be used in purchasing flowers for the sick, so that at the end of ten years the sum of $60.00 per year may be used for the purpose.

"(11) I do request my Sisters and Brothers to pay to the Masonic and Eastern Star Home, the sum of Twenty Five Dollars ($25.00) per year for the period of ten years, and at the expiration of ten years, the sum of Five Hundred Dollars, ($500.00) for the maintenance of the room known as the Henry Lansburgh Room.

"(12) All the rest, residue and remainder of my estate of every kind and description, wheresoever situate, real, personal or mixed, of which I may die seized or possessed, or have any title to or interest in at the time of my death, and all real estate other than my home at 1001 Irving Street N. W. and also all insurance policies on my life, payable to my estate, or to which my estate may be entitled at the time of my death, and any and all proceeds from the sale of any property of any kind whatsoever, I give, devise and bequeath, absolutely and in fee simple, to my Sisters and Brothers, including the shares of stock and trust certificates in the corporation known as Lansburgh & Brother given and bequeathed to my Sisters and Brothers, after the ten years of the trust, the dividends of which or such part thereof as may be required, shall be used and applied to the payment of the monthly and other sums payable to Mrs. Mary E. McCalley, Miss Edna E. Sellens, Miss Hallie J. MacArthur, The Masonic and Eastern Star Home, and other bequests herein set forth, including the purchase and maintenance of a lot in the said cemetery, the purchasing of a stone to be erected thereon and after five, or rather within a period of five years a Masoleum be built, upon the lot, my remains disinterred and placed therein, it be my...