Richards v. West, A-383

• Decision Date: 14 April 1959
• Docket Number: No. A-383,A-383
• Citation: 110 So.2d 698
• Parties: John K. RICHARDS, Albert C. Steece, Jr., Norman B. Walton, as Successor Trustee under the Will of Ella W. Steece, Deceased, and Martha Steece Jacobs, Appellants, v. Roger H. WEST, as Executor of the Last Will and Testament of Amy B. Steece, Deceased, Appellee.
• Court: Florida District Court of Appeals

Page 698

110 So.2d 698

John K. RICHARDS, Albert C. Steece, Jr., Norman B. Walton, as Successor Trustee under the Will of Ella W. Steece, Deceased, and Martha Steece Jacobs, Appellants, v. Roger H. WEST, as Executor of the Last Will and Testament of Amy B. Steece, Deceased, Appellee.

No. A-383.

District Court of Appeal of Florida, First District.

April 14, 1959.

Ossinsky & Krol, Daytona Beach, for appellants.

Roger H. West, Daytona Beach, for appellee.

H. B. CROSBY, Associate Judge.

This appeal is taken by appellant remaindermen from a decree in which the chancellor below, upon motion of appellee executor of the estate of a deceased life tenant, dismissed with prejudice the complaint filed by appellants to establish treir claim resulting from alleged improper dispositions of personal property subject to their remainder interest. The facts recited below are drawn from the complaint.

Ella W. Steece died in Ohio on November 29, 1924, leaving a will that was duly admitted to probate in that state. The will among other things provided:

'All the remainder and residue of my estate and property of every sort kind and description, wherever it may be situated or located, which I may own at my decease, I will, bequeath and devise as follows:

* * *

* * *

'(b) The undivided one-fifth (1/5th) part thereof the Amy B. Steece for and during her natural life, she using the income, and if necessary so much of the property itself to sustain and maintain herself in a good and comfortable way and manner, and whatsoever is left of said property, together with any income that may be left at the time of her death, the title shall pass to and be vested in the following persons:

'(1) One-fourth (1/4th) part thereof to my daughter, Anna S. Richards, and if she be deceased at that time, to the children of said Anna S. Richards who then are alive.

'(2) The undivided one-fourth (1/4th) part to my son, Albert C. Steece, and should he not be living at said time, to-wit, at the death of Amy B. Steece, then said one-fourth (1/4th) to pass to and be the property of said A. C. Steece's child or children.

'(3) The undivided one-fourth (1/4th) part thereof shall pass to and be the property of my daughter, Helen Ball, if she is still living at the time of the death of said Amy B. Steece, and if my said daughter be then deceased, then to any child or children that may survive my said daughter, Helen Ball, and

'(4) The remaining one-fourth (1/4th) part to go to and be the property of A. C. Steece, as Trustee, and for the uses and purposes as the other property which is willed to Albert C. Steece as Trustee under the provisions of this will.'

Amy B. Steece died in Volusia County, Florida, on April 25, 1956, and her will has been admitted to probate in that county. The complaint lists certain personal property received under the quoted bequest by Amy B. Steece during her lifetime that remains unaccounted for (though the appellants, surviving remaindermen under the bequest of Ella W. Steece, did receive other personal property from the estate of Amy B. Steece). It also alleges that there may be other assets of the estate of Ella B. Steece received by Amy B. Steece as life tenant and not accounted for nor known to the remaindermen. Concerning the supposed wrongful disposition by the life tenant, appellants ever in the complaint:

'That the said Amy B. Steece had more than sufficient assets in her own right during her lifetime, including income from all sources, to sustain and maintain herself in a good and comfortable way and manner, without the necessity to use any of the corpus of the assets of the Estate of Ella W. Steece, deceased.'

The remaindermen seasonably filed in the county judge's court their claim against the estate of Amy B. Steece, setting forth substantially the foregoing allegations, the executor filed objections, and the remaindermen thereupon instituted this proceeding in the circuit court praying that their claim against the estate be affirmed, that the objections to their claim be overruled and denied, and that defendant be required to make full discovery of the assets of the estate of Ella W. Steece received by Amy B. Steece as life tenant and unaccounted for to the remaindermen.

The chancellor, in his order granting appellee's motion to dismiss the complaint, found the facts of the case such that the complaint could not be amended to state a cause of action and dismissed it with prejudice. The order does not otherwise recite his reason for this action. Though the motion set forth numerous grounds for dismissal, we will confine our discussion to those points raised in the briefs of the parties that we consider necessary to dispose of this appeal. It may be noted in passing that the case is submitted without oral argument.

The parties agree, as do we, that the effect of the provision of the Ella W. Steece will quoted above was to bequeath to Amy B. Steece an estate for life with power of disposition over the corpus of the personal property that passed to her under the will. ¹ They differ, however, as to the extent of the power or, more exactly, as to the discretion vested in the life tenant. Appellants contend that the life tenant in these circumstances is not the sole judge of what was needed to sustain her in a good and comfortable manner and that an objective test should be applied in determining whether she properly exercised the power. Appllee takes the position that the exercise of the power of disposition by the life tenant was valid provided she acted in good faith, irrespective of her actual needs.

Though we find no Florida decision bearing directly on the question, there is support in other jurisdictions for each viewpoint. The cases are, in fact, legion in number and almost unlimited in variety. They are collected in four American Law Report Annotations, ² and it would serve no useful purpose to review them in detail here. A few jurisdictions follow the view espoused by appellants. The majority favor the 'good faith' rule advanced by appellee and apparently applied by the chancellor.

We think the majority view is correct. In our view, it best effectuates the intent of the testatrix. There can be little doubt that the testatrix intended that the life tenant be entrusted with the use and care of the property bequeathed to her during her lifetime and that the life tenant make the decision as to whether or not circumstances were such as to necessitate her use of the corpus. The words 'maintain herself in a good and comfortable manner' are not susceptible of exact definition but imply, rather, a broad discretion on the part of the life tenant. If the testatrix had desired to place precise and narrow limitations upon the exercise of the power to invade, she could have done so. Examination of the entire will discloses that it was thoughtfully conceived and carefully drafted. It contains, for example, a spendthrift trust provision obviously designed to prevent improvident anticipation of...