Case
Reserved from Superior Court, Fairfield County; William S
Case, Judge.
Action
by Carroll D. Ryder, Executor, against G. Frederick Lyon
Trustee, and others to determine the validity and
construction of a will. Case reserved by the Superior Court
for the advice of the Supreme Court of Errors. Opinion given
as stated.
On
June 8, 1905, said Bates died seised and possessed of real
and personal property, and leaving the following will dated
December 21, 1904:
" First, it is my will that all of just debts and
funeral charges be paid and satisfied out of my estate.
" Secondly, I do hereby give and bequeath to my beloved
wife, Abigail S. Bates, the use and income of all my estate
during her natural life.
" Thirdly, after the death of my said wife, I do hereby
give and bequeath to Clara Taylor, of Bethel, Conn., the sum
of one thousand dollars (1,000) the same to be to her and her
heirs forever.
" Fourthly, after the death of my said wife, I do hereby
give and bequeath to Julia Smith, of Nunda, N. Y., the sum of
five hundred (500) dollars, the same to be to her and her
heirs forever.
" Fifthly, after the death of my said wife, I do hereby
give and bequeath to Caroline Cowperthwaite, the sum of ten
thousand ($10,000) dollars, the same to be to her and her
heirs forever.
" I do hereby give and bequeath use and the income of
all the rest and residue of my said estate, after the death
of my said wife, to my grandson, Joseph Bates Sanford, of
Danbury, Conn., during his natural life, after he shall
arrive at the age of twenty-one years, and at
his death, I do hereby give, devise and bequeath the said
rest and residue of my estate to my said grandson's
lineal descendants and their representatives, if any
surviving him, forever; but in the event of my said grandson
dying without leaving lineal descendants or representatives
of them surviving him, it is my will, and I do hereby give
and bequeath the use and income of my said estate to the
First Universalist Society, of Danbury, Conn., the same to be
used by said society for the support of the ministry and
preaching of the gospel in said society, according to the
tenets of Universalism, and for such other parish purposes as
the trustees of said society may direct; but should the said
society, for the space of one year, fail to provide a
ministry and for the preaching of the gospel according to the
tenets aforesaid, then it is my will that said trust shall
terminate, and my estate be distributed according to the
intestate laws of this state.
" I do hereby make, constitute and appoint Carroll D
Ryder to be executor of this, my last will, hereby revoking
any and all other wills by me at any time heretofore made.
" I do hereby appoint G. Frederick Lyon, of said
Danbury, to be trustee of my said estate."
Said
will was duly admitted to probate, and said Ryder qualified
as executor June 22, 1905, and thereafter all the estate of
said Bates came into his hands. Since which time he has
continued as such executor, paid all the debts of said
estate, and settled said estate so far as he can during the
life of Mrs. Bates, and has now in his hands the principal of
said estate, both personal and real estate, situated in
Connecticut.
Said
Bates was survived by his said wife
Mrs. Abigail S. Bates, and his said grandson, Joseph Bates
Sanford, a minor of the age of 5 years. The legatees named in
the third, fourth, and fifth clauses of said will are now living. Said Lyon has received none of said estate
from said executor.
Upon
stipulation of the parties, the case was reserved for the
advice of this court upon these questions: " (A) Whether
Carroll D. Ryder is to continue to act as executor and
trustee during the lifetime of Abigail S. Bates, and then,
after paying the legacies payable at the death of said
Abigail S. Bates, surrender the trust to G. Frederick Lyon,
or should said Carroll D. Ryder now render a final accounting
as executor and pay over to G. Frederick Lyon, as trustee
under said will, the property remaining in his hands after
the debts of the estate and the expenses of administration
have been paid? (B) Of what estate is G. Frederick Lyon
appointed trustee, and, if of any estate, is he entitled to
receive the same now, or only upon the death of Abigail S.
Bates after the executor shall have paid the legacies payable
at the death of said Abigail S. Bates? (C) Are the legacies
payable at the death of Abigail S. Bates gifts in remainder
after a life estate in trust, and therefore properly payable
in the future by the trustee, G. Frederick Lyon, out of the
corpus of the trust funds, or must the executor, upon the
death of said life tenant, Abigail S. Bates, again take
charge of said estate and pay the legacies then to be paid
and make final settlement of the estate, and thereafter turn
the trust estate over to G. Frederick Lyon again? (D) Whether
Carroll D. Ryder is to continue to act as executor during the
lifetime of Abigail S. Bates, subject to the right of said
Abigail S. Bates, upon giving a satisfactory forthcoming bond
for the payment of the legacies, to the possession and
control of the real estate during her lifetime, and (subject
to the provisions of section 311) to the possession and
control of the personal estate during her lifetime. (E) Whether the said G. Frederick Lyon, as trustee, has
any present right to the possession and control of any part
of the estate of said Joseph T. Bates, deceased, and whether
said G. Frederick Lyon will have any such right as such
trustee unless and until the said Joseph Bates Sanford dies
without leaving lineal descendants, or representatives of
them, surviving him."
Samuel
A. Davis, for plaintiff.
Spotswood D. Bowers and William H. Cable, for defendant Lyon.
John K. Beach, for defendant Bates.
WHEELER, J. (after stating the facts as above).
The
trustee named in the will contends that he is entitled to the
entire estate upon the final accounting of the executor
charged with the duty of administering the several trusts
created by the will. The executor and Mrs. Bates contend that
the only trust created by the will is that in favor of the
First Universalist Society, and that the executor is entitled
to hold the estate during the life of Mrs. Bates and until
the pecuniary legacies are paid.
The
testator gives the use and income of all his estate to his
wife for life. On her decease, after certain legacies are
provided for, the use and income of the residue of said
estate is given to his grandson Joseph, after he becomes 21,
for life. At his death the said residue is devised to the
lineal descendants of his said grandson or their
representatives. In the event of the grandson dying without
lineal descendants or representatives the use and income of
the said estate is given to the First Universalist Society,
and should the society fail to provide a ministry, and for
the preaching of the gospel for the space of one year, the
trust shall terminate and the estate be
distributed as intestate estate.
The
estate must thus be held and managed: (a) during the life of
Mrs. Bates; (b) during the period between her decease and the
arrival of the grandson at his majority; (c) during the life
of the grandson thereafter; and (d) if the grandson die
without lineal descendants or their representatives, then for
the use of the society while it fulfills the trust.
The
most natural and approved method of caring for this estate
until its distribution was by apt words creating a trust and
naming a trustee to carry out these purposes.
This
will does not in terms do this. No form of words was required
to effectuate this; it was not necessary even to use the
words " trust" or " trustee" ; all that
was required was that the will, looked at as a whole, should
disclose the purpose of the testator to be the creation of a
trust. Plaut v. Plaut, 80 Conn. 673, 677, 70 A. 52;
Hughes v. Fitzgerald, 78 Conn. 4, 6, 60 A. 694.
There need be no direct words conveying a legal estate to a
trustee. The intent may be manifested without these.
If the
duties to be performed require the creation of a trust, the
trust will be implied. Donalds v. Plumb, 8 Conn.
447, 452; Belfield v. Booth, 63 Conn. 299, 303, 27
A. 585.
The
limitations and conditions...
