R.I. Hosp. Trust Co. v. City of Woonsocket

• Decision Date: 30 June 1927
• Docket Number: No. 776.,776.
• Citation: 137 A. 411
• Parties: RHODE ISLAND HOSPITAL TRUST CO. v. CITY OF WOONSOCKET.
• Court: Rhode Island Supreme Court

137 A. 411

RHODE ISLAND HOSPITAL TRUST CO.

v. CITY OF WOONSOCKET.

No. 776.

Supreme Court of Rhode Island.

June 30, 1927.

Case Certified from Superior Court, Providence and Bristol Counties.

Bill by the Rhode Island Hospital Trust Company, executor, against the City of Woonsocket. Case certified to the Supreme Court for determination. Decree in accordance with opinion.

Tillinghast & Collins, of Providence, for complainant.

Ovila Lambert, City Sol., of Woonsocket, for City of Woonsocket.

Walling & Walling, of Providence, for respondent Jennie M. Ballou.

SWEETLAND, C. J. This is a bill in equity, in which the complainant, executor of the will of Sullivan Ballou, late of Woonsocket, deceased, asks for the construction of said will and instructions relative thereto. In the superior court, the cause being ready for hearing for final decree has been certified to this court for determination.

The question involved arises under the provisions of the fourth clause of said will, which provides as follows:

"All the rest, residue and remainder of my estate real, personal and mixed and wheresoever lying and situate, as well as all property that I may hereafter acquire and of which I may die seized and possessed, as well as all property to which I may be in any way entitled at the time of my death, I give, devise and bequeath to my beloved sister, Jennie M. Ballou of said city of Woonsocket to her, her heirs and assigns forever. If upon the death of my said sister sufficient of said rest, residue and remainder of my estate (exclusive of my library) remains, I give, devise, and bequeath said remainder to the city of Woonsocket to erect a memorial fountain for man and beast, in memory of my father and mother, Harry G. and Sarah L. Ballou. said memorial fountain to be erected somewhere in Court Square in said city of Woonsocket. Upon the decease of my said sister if she has not already disposed of my said library, I give and bequeath the same to the Woonsocket Public Library forever. It is my will and I hereby direct that my said sister Jennie M. Ballou is not to be restricted in any manner whatever from using and disposing of any part or all of my estate devised and bequeathed to her in and by this my last will and testament."

It is stated to us in a brief presented at the hearing, and not controverted, that the estate of Sullivan Ballou consisted solely of personalty. The prayer of the bill relates merely to personalty, and is as follows:

"That your orator may be instructed as to its duty in paying over the legacy...