Redfield v. Marvin

• Citation: 63 A. 120,78 Conn. 704
• Court: Supreme Court of Connecticut
• Decision Date: 08 March 1906
• Parties: REDFIELD v. MARVIN et al.

63 A. 120

78 Conn. 704

REDFIELD v. MARVIN et al.

Supreme Court of Errors of Connecticut.

March 8, 1906.

Appeal from Superior Court, New Haven County; Joel H. Reed, Judge.

Administration accounting by John M. Marvin, administrator c. t. a. of the estate of Betsey G. Sperry, deceased. From an order and decree allowing the account, William G. Redfield, trustee, appeals. Reversed and remanded.

Harrison, Hewitt and Ward Church, for appellant Clifford I. Stoddard, for appellee.

TORRANCE, C. J. In April, 1902, Betsey G. Sperry died, leaving a will which was duly probated. Marvin, the appellant here, is the administrator with the will annexed of the estate of the testatrix, and Redfield, the appellee here, is the trustee of the persons and funds described in the sixth, seventh, and eighth clauses of said will. The sixth clause of the will reads as follows: "I give to my executor hereinafter named ten thousand dollars, in trust, however, to invest the same and to pay over the principal thereof to said Anna B. Harland or her children, in twenty equal successive payments of five hundred dollars each, at intervals of three years between such payments, and commencing with the first payment three years from my decease. Such payments during the life of said Anna are to be made to her, and after her decease equally to and among her children: and at every payment of principal as aforesaid there shall be added to such payment all the interest accrued upon the whole principal unpaid up to the time of such payment. * * * Upon the death of said Anna and all her children living at my decease before the date for the final payment of principal as aforesaid, the principal and interest unpaid at the death of the last survivor of said Anna and her children living at my decease shall be paid equally to her children then living, born after my decease, if any there be, and if there be none then, equally to the brothers and sister of said Anna; provided, however, that upon the death of any of the children of said Anna living at my decease, leaving issue surviving, such issue shall at the death of such parent, if said Anna is then dead, or if she is not then deceased, then at her decease, take what remains of the share of such deceased parent." The seventh clause reads as follows: "I give the sum of three thousand dollars to Walter A. Harland, son of said Anna B. Harland; but I hereby direct that this bequest shall not absolutely vest in said Walter A. Harland, but shall be retained by my executor, and invested and paid over to said Walter in six equal payments of five hundred dollars each, at intervals of five years between such payments, commencing with the first of said payments five years from my decease and at every payment of principal there shall be added to such payment all of the accrued interest on the whole principal unpaid up to the date of such payment. In case of the death of said Walter before the date of the final payment of said principal as aforesaid, the principal of said trust estate unpaid and the accrued interest thereon shall at his decease be paid equally to his children, and if he leaves no children surviving, to his brother, Arthur M. Harland." The language of the eighth clause, giving $3,000 to Arthur M. Harland, is in every respect, save the name of the legatee, the same as that of the seventh clause. These are all the provisions of the will that have any material bearing upon the main question involved in this appeal, which is whether interest upon said three legacies should be...