Morrill v. Phillips

• Court: Supreme Judicial Court of Massachusetts
• Writing for the Court: MORTON, C.J.
• Citation: Morrill v. Phillips, 142 Mass. 240, 7 N.E. 771 (Mass. 1886)
• Decision Date: 03 July 1886
• Parties: MORRILL, Trustee v. PHILLIPS and others.

142 Mass. 240

7 N.E. 771

MORRILL, Trustee v. PHILLIPS and others.

Supreme Judicial Court of Massachusetts, Essex.

July 3, 1886

COUNSEL

Albert Poor, for plaintiff.

C.H Swan and Geo. H. Poor, for defendants.

OPINION

MORTON, C.J.

By his will the testator gives to his widow the use of the homestead, and the income of a fund of $10,000, during her life. He directs in the third clause that the residue of his estate shall be divided into four equal parts. One part he gives for the benefit of his grandson Walter R Phillips, the son of his deceased son, Samuel S. Phillips. The other two parts he gives to his executors as trustees to pay the income to his two sons, Joseph R. Phillips and Flavel M. Phillips, in equal shares, during their lives, and, on the decease of either leaving children and a wife, the reversion is to go to such children and wife. The third clause then provides:

"But if they leave no issue, then my will is that said reversion, in both cases, or either case, shall go to all my grandchildren in equal shares, as hereinafter provided in reference to other portions of my estate."

By the fourth clause he directs that the reversion and remainder of the homestead and of the said $10,000 shall be divided into four equal parts; and he gives one part for the benefit of his grandson Walter R. Phillips upon the same terms named in the third clause; one part to his son George A. Phillips, absolutely; and the other two parts to his executors, in trust for the use of his sons Joseph R. and Flavel M. Phillips on the same terms as hereinbefore provided, "and with the same disposition of the reversion and the remainder to their wives and children, if any children they should leave, and, if not, then equally to all my grandchildren that may be living." The widow died in 1874. Joseph R. Phillips died in 1885, and the object of this bill is to obtain the instructions of the court as to the disposition of the share held by the trustee under the will, for the benefit of the said Joseph R. Phillips.

It was clearly the intention of the testator that the funds provided for in both the third and the fourth clauses should, upon the death of Joseph or Flavel, leaving no children, go in the same manner and to the same persons. The provision of the third clause, that the reversion shall go to his grandchildren "as hereinafter provided in reference to other portions of my estate," by necessary construction...