New Britain Trust Co. v. Stoddard

• Decision Date: 05 June 1935
• Citation: 179 A. 642,120 Conn. 123
• Court: Connecticut Supreme Court
• Parties: NEW BRITAIN TRUST CO. et al. v. STODDARD et al.

179 A. 642

120 Conn. 123

NEW BRITAIN TRUST CO. et al. v. STODDARD et al.

Supreme Court of Errors of Connecticut.

June 5, 1935

Case Reserved from Superior Court, Hartford County; Earnest A Simpson Judge.

Action by the New Britain Trust Company and another, trustees against M. Bernice Stoddard and others for the construction of the will of Elmer L. Styles, brought to the superior court and reserved by the court for the advice of the Supreme Court of Errors.

Decree in accordance with opinion.

Mortimer H. Camp, of New Britain, for plaintiff.

Cyril F. Gaffney, of New Britain (Bernard F. Gaffney, of New Britain, on the brief), for defendants M. Bernice Stoddard and others.

George A. Clark, of Meriden, for defendant Lucius Styles.

Argued before MALTBIE, C.J., and HAINES, HINMAN, BANKS, and AVERY JJ.

HAINES, Judge.

By the second clause of his will, Elmer L. Styles of New Britain gave the residue of his estate to his wife for the term of her life or so long as she remained his unmarried widow, to have the use and enjoyment thereof and the further right to use so much of the principal of the fund during that period as the court of probate having jurisdiction should deem necessary for her support and the maintenance of her position in life.

By the fourth clause the testator provided that upon the termination of the life estate of his widow, the sum of $4,000 should vest in M. Bernice Stoddard, his daughter, in trust for his two grandsons, John Styles Stoddard and Nathaniel Styles Stoddard, " to use the principal and income of said fund in whatever way may be deemed best to assist in the education of my grandsons." It is the interpretation of this fourth clause of the will which we are asked to determine, thereon depending the answers to the two questions submitted to us, viz.: (1) " Whether the testator intended that said trust fund set up under paragraph four of the will should now be used for the adult education of his two grandsons ***? (2) Whether the testator intended that said trust fund *** should now be used to improve the present education of his two grandsons ***?"

The will was executed in August, 1909 at which time the testator's wife was 61 years of age and his named grandsons were, respectively, 4 and 2 years of age. The widow lived until June 26, 1934, when she was 86; and when her life estate thus terminated, the grandsons were, respectively, 29 and 27. The elder, John, had attended Choate School in Wallingford, and for one year Bowdoin College in Maine. Before are the life estate of his grandmother was terminated he married, and has two children. His wife died, and he again married and is employed. The younger grandson, Nathaniel, attended Choate School for one year, and married after the termination of the life estate and is now maintaining a family, being in the employ of the General Electric Company at Lynn. Mass. One of the stipulated facts is that both grandsons " are now desirous of improving their present education."

The named plaintiff herein and John E. Stoddard of Meriden-a son-in-law of the testator-are the trustees of the life estate of the widow, and are seeking by this action to determine to whom they shall now surrender the fund. On behalf of the grandsons, it is contended that the trust continues in force and should be made effectual by applying both income and principal to assist in their education in whatever way their mother as trustee may deem best. This is contested by other parties in interest who say that under the circumstances recited, the trust failed upon the death of the life tenant, and the fund now becomes a part of the testator's residuary estate.

The answer to the question thus raised depends upon the ascertained intent of the testator, and this intention " may be gathered not only from within the instrument itself, but also from the circumstances which surrounded the testator when the will was made, including the situation and condition of his estate, his relations to his family and beneficiaries, and their situation and condition. The construing court will put itself, as far as possible, in the position of the testator, in the effort to construe the uncertain language used by him in such a way as shall, conformably to the language, give force and effect to his intention." Fritsche v. Fritsche, 75 Conn. 285, 287, 53 A. 585.

These two named grandsons of the testator had not reached the ordinary school age when he thus sought to provide assistance toward their future education. The need was not immediate, and the intended assistance was made available only after the death of their grandmother, who was then 61. Had she died during their school years, the application of the fund as directed would obviously have carried out the intent of the testator; but she lived to an advanced age, and the fund did not become available until these grandsons had received their schooling, had established themselves in their employment, and taken their places in the communities in which they had chosen to live.

It is highly improbable that the testator foresaw this turn of affairs. We must determine the testator's intent by his language and the circumstances...