Petition of Hayden
| Decision Date | 24 November 1930 |
| Docket Number | No. 930.,930. |
| Citation | 152 A. 254 |
| Parties | Petition of HAYDEN et al. |
| Court | Rhode Island Supreme Court |
The will created a trust fund to provide an annuity to be paid the testator's housekeeper, and directed that, on the housekeeper's death, the trust should cease and the principal should go into the residue of the estate, to be distributed "in accordance with said rest and residue as hereinafter set forth." The testator then directed that the residue should be turned into cash and divided among eight nephews and nieces named. The will directed that, in case any of the beneficiaries should die without leaving issue, the sum allotted to him should go into the residue of his estate and be divided equally among the surviving beneficiaries. One of testator's nephews named in the residuary clause died without issue after testator's death, but before the death of testator's housekeeper.
Petition by Albert F. Hayden and others for construction of portions of the will and codicil of William Dehon King, deceased, opposed by the administratrix of the estate of Philip W. R. King.
Decree in accordance with opinion.
Burdick. Corcoran & Peckham, of Newport, for certain petitioners.
Sheffield & Harvey, of Newport, for administratrix of estate of Philip W. R. King.
This petition is brought in this court under authority of section 4953, Gen. Laws 1923, by parties having adversary interests who have concurred in stating certain questions in the form of a special case for the opinion of this court. The questions presented by the petition require the construction of portions of the will and codicil of William Dehon King, who died December 10, 1914.
Ry the first clause of his will the testator directed his executors to deposit in a trust company such a sum of money or securities as would provide a certain annuity to be paid to his housekeeper. By the second clause testator directed that upon the decease of his housekeeper the trust should cease, and the principal of the trust fund should go into the rest and residue of his estate, and be distributed by his executors "in accordance with said rest and residue as hereinafter set forth." The testator then directed that the rest and residue of his estate should be turned into cash by his executors and divided into eight equal parts, and he gave and bequeathed one-eighth part of the same to each of his eight nephews and nieces, whom he named. He directed that, in case any of said beneficiaries should die leaving issue, such issue should take by right of representation, and, in case any of said beneficiaries should die without leaving issue, then the sum allotted to him or to her should go into the rest and residue of his estate, and be divided equally among the surviving nephews and...
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