Santoli v. Louisville Trust Co.
| Citation | 550 S.W.2d 182 |
| Parties | Susan Jane SANTOLI et al., Appellants, v. The LOUISVILLE TRUST CO. et al., Appellee. |
| Decision Date | 22 April 1977 |
| Court | Court of Appeals of Kentucky |
Martin Roach, John E. Tarrant, Louisville, for appellants.
Henry R. Heyburn, Samuel R. Wells, Brown, Todd & Heyburn, Louisville, for appellee.
Before COOPER, HOGGE and REYNOLDS, JJ.
Charles M. Thatcher and Mary A. Thatcher died testate in the state of Michigan, each in 1936. At the time of their death they were survived by three children and a granddaughter, they are respectively; Rosella, Sarah, Oliver and Mary Jane. Their wills contained a trust provision identical in nature and providing as follows:
"I direct that one-fourth of the net income from my said trust estate shall be paid in quarterly installments to my granddaughter, Mary Jane Thatcher of Escanaba, Michigan, so long as she shall live. At her death I direct that her one-fourth of said net income shall be paid in quarterly installments to her surviving issue and the issue of any deceased child of hers, per stirpes, and not per capita, until her youngest child shall arrive at the age of twenty-one years, at which time the share of my said granddaughter, Mary Jane Thatcher, consisting of one-fourth of the principal of said trust estate shall be divided into as many parts as she has children, or issue of deceased children, surviving her. One full part thereof shall be paid in fee to each surviving child of said Mary Jane Thatcher, and one full part thereof shall be divided equally among the issue of any deceased child of hers and paid in fee to them.
In the event my said granddaughter dies without issue surviving her, or dies with surviving issue, but said issue dies childless before arriving at the age of twenty-one years, then I direct that the share of my trust estate that would have otherwise gone to my said grandchild, or her issue upon arriving at the age of twenty-one years shall be paid to each of my children, Sarah T. Leighton, Oliver V. Thatcher and Rosella T. Boomer, if they survive my granddaughter, Mary Jane Thatcher, otherwise to the issue of such deceased child of mine, per stirpes, and not per capita.
I have treated my granddaughter, Mary Jane Thatcher, in this will on an equal basis with my own children because on account of the death of her mother, she has lived with us since infancy and we have always regarded her like our own daughter."
The Louisville Trust Co. was subsequently made trustee of this trust.
Mary Jane had no natural born children but adopted two, Susan Jane and Mary Bell. Mary Jane Thatcher died on July 9, 1960, and left surviving her adopted daughters, Susan Jane and Mary Bell, each of whom is now more than twenty-one years of age.
This litigation concerns whether these adopted children, by reason of their being adopted, should receive the portion in which Mary Jane was a life tenant, that amount being one-fourth of the trust.
The Chancellor below held that by...
To continue reading
Request your trial
-
Boyd v. LaMaster
...the time of his death--unless, of course, the governing instrument contains express language to the contrary. Santoli v. Louisville Trust. Co., 550 S.W.2d 182, 183 (Ky.App.1977). Rollin Hickey was domiciled in Illinois at the time of his death. Accordingly, and because the will contains no ......
-
Pitts v. Estate of Gilbert
...to know the law at the time of his death and that he wishes his will to be executed pursuant to that law. Santoli v. Louisville Trust Co., Ky.App., 550 S.W.2d 182 (1977). Thus, the bequest should be construed to mean a fractional share of the residuary estate equal to one-half of testatrix'......