Pearson v. Hanson

• Decision Date: 10 December 1907
• Citation: 230 Ill. 610,82 N.E. 813
• Parties: PEARSON v. HANSON et al.
• Court: Illinois Supreme Court

230 Ill. 610

82 N.E. 813

PEARSON

v.HANSON et al.

Supreme Court of Illinois.

Oct. 23, 1907.

Rehearing Denied Dec. 10, 1907.

Appeal from Circuit Court, Cook County; G. A. Carpenter, Judge.

Suit between Anna Maria Pearson and Christian H. Hanson and others. From an adverse decree, said Pearson appeals. Reversed and remanded.

Wolseley & Barker (Henry W. Wolseley, of counsel), for appellant.

James A. Peterson, for appellees.

This is a bill filed to obtain a construction of the last will of Andrew Peterson. Only legal questions are involved. The will disposed of both real estate and personal property; hence the appeal is to this court. The testator died January 19, 1899, and his will, which was dated August 4, 1898, was admitted to probate February 23, 1899. The testator left neither widow nor lineal descendants. His nearest relatives and principal beneficiaries under his will were two nephews, Harold P. Pearson and James A. Peterson, and two nieces, Nina M. Pearson and Josephine Kaywood (Née Peterson). The only clauses of the will which are necessary to be considered in determining the questions involved are the following:

‘Paragraph 1. I give, devise and bequeath the death membership arising from my membership of the Chicago Stock Exchange, also all the remainder of my estate, real, personal and mixed, of which I may die seized or possessed, to the State Bank of Chicago, to have, possess and hold the same, to it, its successor or successors, as hereinafter provided, from the date of my decease until the final distribution thereof as hereinafter provided, in trust, nevertheless, for the uses and purposes and upon the trusts and subject to the provisions hereinafter expressed and declared, that is to say:

‘(1) To pay all my just debts and funeral expenses; and in this connection it is my desire that my remains be buried in my lot in Oakwood cemetery, next to those of my deceased beloved wife, Josephine E. Peterson; that a headstone similar to the one upon my wife's grave be erected upon my grave and that my name be inscribed upon the monument on the said lot; that my said trustee expend the necessary money for keeping in good order the graves of my said wife and of myself and also my said cemetery lot.

‘(2) To have, hold, manage, possess, collect, invest and re-invest, upon the advice and under the direction and control of my executors, their survivor or survivors, successor or successors, all of my said estate, real, personal or mixed; to collect the issues and profits thereof; to keep the real estate insured and in repairs.

‘(3) To pay out of said trust estate, as soon as my executors, their survivor or survivors, successor of successors, find that there is sufficient cash on hand in the said trust estate for such purpose the special bequests shall be paid in their alphabetical order.

‘(4) During the first ten (10) years after my death to pay once a year, and upon the date of the anniversary of my death unless it should fall on Sunday, and in that event on the Monday succeeding, one-half (1/2) of the net amount of all annual issues and profits of the said trust estate to the four children of my deceased brother, Nils P. Pearson, namely, Harold P. Pearson, Nina M. Pearson, James A. Peterson and Mrs. Josephine Kaywood, (née Peterson,) share and share alike. If any of the said four legatees should die during the said ten (10) years, then the share of the deceased of the annual issues and profits hereinbefore provided shall be paid to the heir or heirs-at-law of such deceased legatee. I direct that the remaining one-half (1/2) of the net amount of the said annual issues and profits shall, during the said ten (10) years, be added to the principal of the said trust fund for re-investment, in the manner as directed in 2 of this first paragraph of this my last will and testament, in accumulation of said trust fund. * * *

‘Paragraph 2. I direct that at the expiration of ten (10) years from my death one-half (1/2) of the trust fund created by the first paragraph of this my last will and testament shall be distributed and paid to the four children of my deceased brother, Nils P. Pearson, namely, Harold P. Pearson, Nina M. Pearson, James A. Peterson and Mrs. Josephine Kaywood, (née Peterson,) share and share alike; but if any of the said four legatees be then dead, then and in that event the share of the deceased in this distribution shall be paid to his or her heirs-at-law.

‘Paragraph 3. I direct that the remaining one-half (1/2) of the trust fund created by the first paragraph of this my last will and testament, left after the distribution of the one-half (1/2) as provided by the second paragraph hereof has taken place, shall continue to remain with and be held by my said trustee, the State Bank of Chicago, in trust, nevertheless, for the uses and purposes and upon the trusts and subject to the provisions hereinafter expressed and declared, that is to say:

‘(1) To have, hold, manage, possess, collect, invest and re-invest, upon the advice and upon the direction and control of my executors, their survivor or survivors, successor or successors, all of the said trust fund created by this third paragraph of this my last will and testament.

‘(2) To collect, invest and re-invest all the issues and profits upon the trust fund created by this third paragraph, such issues and profits to be added to this trust fund for its accumulation.

‘(3) At the expiration of ten (10) years from the distribution, as provided by paragraph 2 of this will, which will be equal to twenty (20) years after my death, I direct that the trust created by this third paragraph of my will shall be dissolved, and that the remainder of my estate shall be distributed as provided by paragraph 4 of this my last will and testament.

‘Paragraph 4. At the dissolution provided by 3 of paragraph 3 hereof of the trust created by said paragraph 3, I direct that the remainder of my estate shall be divided, distributed and paid to the four children of my deceased brother, Nils P. Pearson, namely, Harold P. Pearson, Nina M. Pearson, James A. Peterson and Mrs. Josephine Kaywood, (née Peterson,) share and share alike, but if any of my said four legatees die before such final distribution, then the share of the deceased shall be paid to his or her heirs-at-law. All distributions provided for by the second and fourth paragraphs of this my last will and testament shall be per stirpes, not per capita.’

On April 23, 1906, Harold P. Pearson, one of the beneficiaries, died, leaving a will, dated July 28, 1898, devising all his property, real and personal, to his mother, with a devise over to his sister Nina Pearson in case his mother did not survive him. Harold P. Pearson having died before the first period of distribution under paragraph 2 of the will of Andrew Peterson, a question has arisen whether the share of Harold P. Pearson in the annual distribution of accumulations under clause 4 of paragraph 1, and his one-fourth part of the one-half of the corpus distributable at the end of 10 years under paragraph 2, and his one-fourth interest in the final distribution at the end of...