R.I. Hosp. Trust Co. v. Egan

• Decision Date: 23 June 1932
• Docket Number: No. 1069.,1069.
• Citation: 161 A. 124
• Parties: RHODE ISLAND HOSPITAL TRUST CO. v. EGAN et al.
• Court: Rhode Island Supreme Court

161 A. 124

RHODE ISLAND HOSPITAL TRUST CO.

v. EGAN et al.

No. 1069.

Supreme Court of Rhode Island.

June 23, 1932.

Certified from Superior Court, Providence and Bristol Counties.

Bill in equity by the Rhode Island Hospital Trust Company, executor and trustee under the will of James T. Egan, deceased, against James C. M. Egan and others. The cause being ready for hearing for final decree was certified to the Supreme Court for determination.

Decree in accordance with opinion.

Tillinghast & Collins, and Colin MacR. Makepeace, all of Providence, for complainant.

Homer Albers, of Boston, Mass., McGovern & Slattery, and Fred B. Perkins, all of Providence, for respondent Egan.

Roger L. McCarthy, of Providence, guardian ad litem.

STEARNS, C. J.

This is a bill in equity for the construction of a will and for instructions to the trustee under the will. The cause being ready for hearing for final decree has been certified to this court for its determination. Gen. Laws 1923, c. 339, § 35.

The bill is brought by the Rhode Island Hospital Trust Company, executor and trustee under the will of James T. Egan, deceased, against James C. M. Egan, the only child of said testator, Margaret Egan, Dennis C. Egan, and Nora O'Brien, who by the terms of the trust take the trust estate if James C. M. Egan should die under the age of 35 years leaving no surviving issue. A guardian ad litem was appointed to represent the interest of persons not in being who may become entitled to any interest in the trust estate.

James T. Egan died March 26, 1931. His will, executed August 14, 1928, was admitted to probate April 24, 1931. The value of his estate as inventoried in the probate court of Providence was $97,523.

By the first and second clauses of the will the testator provides for the payment of debts and for the performance of certain religious obligations. By the third clause he gives his son James $2,000 and all his household goods and other personal property in his residence at the time of his death. By the fourth clause he gives to respondents Margaret, his sister, Dennis, his brother, and Nora, his niece, $2,000 each.

The fifth clause is the particular provision the construction of which is now sought. Thereby the testator gave to the Rhode Island Hospital Trust Company, his trustee, all the residue of his estate, with direction, after the payment of all taxes, assessments, and other charges, that "the remainder of said income or such portion thereof as may be necessary, shall be applied by said trustee for the support, maintenance and education of my said son, James C. M. Egan, until he shall have arrived at the age of thirty-five years. And in the event that the income from said trust estate is insufficient to pay the aforesaid expenses and for the proper support, maintenance and education of my said son as aforesaid, then I authorize and empower my said trustee to use and apply such part or parts or the whole of the principal of my trust estate as my said trustee shall in its uncontrolled discretion deem proper and necessary.

"Upon my said son attaining the age of thirty-five years, said trustee shall convey, transfer, pay over and deliver said trust estate and the accumulations thereto, to my said son, he to take and hold the same to his own use forever.

"Provided, however, that if my said son shall desire to occupy my residence during the period of said trust, said trustee shall arrange that my said residence shall be occupied by my said son without the payment by him of rent, taxes, or repairs as long as he may wish to occupy said residence.

"Provided, further, that my said trustee in its uncontrolled discretion may, on my said son attaining the age of twenty-seven years, advance to my said son not more than one quarter of the principal of the trust estate for the purpose of establishing a home or engaging in a business or profession.

"In the event of my said son dying before he attains the age of thirty-five years leaving lawful issue surviving him, said trustee shall convey, deliver and pay over said trust estate and all accumulations thereof to such issue.

"In the event of my said son dying before he attains the age of thirty-five years, without leaving lawful issue surviving him, the said trustee shall convey, transfer, deliver and pay over said trust estate and all accumulations thereto in equal shares to my said sister, Margaret Egan, to my said brother, Dennis C. Egan, and my said niece, Nora C. O'Brien, to them, their heirs and assigns forever."

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