Sevier v. Woodson

• Decision Date: 29 June 1907
• Citation: 104 S.W. 1
• Parties: SEVIER et al. v. WOODSON et al.
• Court: Missouri Supreme Court

104 S.W. 1

SEVIER et al. v. WOODSON et al.

Supreme Court of Missouri. Division No. 1.

June 29, 1907.

1. WILLS — CONSTRUCTION — DETERMINATION OF ENTIRE WILL.

In determining the scheme of disposition in the mind of a testator, the valid and invalid parts of the will must be considered, and if on eliminating the invalid parts the general purpose of the testator be so changed as will make the remaining parts amount to a new will, the will must fail.

2. SAME — ESTATES ACQUIRED.

A testator gave to each of his two daughters a third of his estate for life, then to their bodily heirs, if any, and if not, to a son and his bodily heirs, and provided that the estate should be held in trust for each of the daughters and for their sole benefit by a trustee. Held, that the daughters were entitled to the full proceeds of the trust property, which became their individual property and could not be added to the corpus of the trust estate.

3. SAME.

Where a certain estate is given in unequivocal language in the first clause of a will, the same cannot be cut down by a subsequent clause, unless the language thereof is as unequivocal as the language of the first.

4. SAME.

Where a testator in one clause unequivocally gives to beneficiaries the full proceeds of a trust estate, a subsequent clause providing that the trustee shall pay over to the beneficiaries as much of the interest of the estate as will provide for their comfort and necessities will not cut down the gift to the beneficiaries given by the first clause as the subsequent clause is void because ambiguous.

5. SAME — VALIDITY OF PROVISIONS.

A clause in a will, directing the executor to manage the estate, hold and divide the same, without going into court or taking letters testamentary, is void because contrary to public policy.

6. SAME — CONSTRUCTION — INVALID PARTS OF WILL — EFFECT ON VALID PARTS.

A testator gave to each of his two daughters a third of his estate for life, and then to their bodily heirs, if any, and if not, to a son, and provided that the same should be held by a trustee in trust for the benefit of the daughters. By a subsequent clause he directed the executor to pay over to each of the daughters as much of the interest of the trust estate as would provide for their comfort and necessities. He gave another third of his estate to his son absolutely. Held, that the general provision of the testator to give his estate to his blood relatives was not affected by the invalidity of the subsequent clause because of uncertainty, and the other parts of the will must be given effect.

Appeal from Circuit Court, Ray County; J. W. Alexander, Judge.

Action by Virginia E. Sevier and others against Harrie P. Woodson, executor of Thomas P. Woodson, deceased, and others, to construe the will of the deceased. From a judgment construing the will, plaintiffs appeal. Affirmed.

Lavelock and Kirkpatrick, for appellants. James L. Farris, Jr., and Sandusky & Sandusky, for respondents.

GRAVES, J.

This is an action to construe the will of Thomas P. Woodson, instituted in the circuit court of Ray county by Virginia E. Sevier, formerly Virginia E. Woodson, one of the devisees in said will, and her husband. It becomes necessary to set out the whole will. This will is in words as follows:

"In the name of God, amen:

"I, Thomas D. Woodson, of the city of Richmond, in the county of Ray and state of Missouri, being of sound and disposing mind and memory and in good health, but knowing the uncertainty of life and having an earnest desire to make disposition of my means and property to and among my dear children, and to give to them such and so much of my property as I desire each shall have, do make, ordain and publish this as and for my last will and testament:

"Item 1. It is my will and desire that all my just debts be first paid.

"Item 2. I will and desire that two thousand dollars be loaned out on real estate security for the benefit of my dearly beloved mother, Huldah Ann Woodson, and that the interest be paid to her as is needed for her comfort and maintenance for and during her natural life, and after her death said amount to go to my children.

"Item 3. I will, desire and direct that one thousand dollars be given the Board of Trustees of the Conference Fund of the Missouri Conference of the Methodist Episcopal Church South, to be loaned and the interest accruing thereon to be paid annually to and in support of superannuated preachers of said conference and their widows and orphans of same.

"Item 4. I will and bequeath to my son Harrie Philip Woodson my two-thirds interest in lot number ninety-seven, including store building and appurtenances thereto, in old town now city of Richmond, Ray county, Missouri, for which property he is to be charged the sum of two thousand dollars.

"Item 5. I will and devise to each of my daughters, Lydia Ann Woodson and Virginia Elizabeth Woodson, each one-third of my estate for and during their lifetime, then to go to their bodily heirs, if any, if not then to their brother, Harrie P. Woodson, and his bodily heirs, and it is my will and I hereby so direct, that the share, interest and estate hereby devised be held in trust for each of them and their only and sole use and benefit by their brother, Harrie P. Woodson, who is hereby appointed and created their trustee, and I further direct that he be not required to give any bond or security as such trustee. And I further direct and will that he, the said Harrie P. Woodson, trustee as aforesaid, pay over to each of said sisters as much of the interest accruing on the means hereby devised to each of them as will abundantly provide for their comfort and necessities.

"Item 6. I further will and devise that the remaining third of my estate go to my son, Harrie Philip Woodson, absolutely.

"Item 7. I hereby nominate, constitute and appoint my son Harrie P. Woodson, the executor of this my last will and testament and direct that he be not required to give bond or security as above directed as trustee for his sisters.

"Item 8. I will and direct that my son, as executor and heir as aforesaid, manage and control my estate, hold and divide the same without going into court or taking letters testamentary.

"Item 9. It is my will and I hereby authorize and empower my said executor to sell, on such terms as he may think best, any or all real estate that I may have and own, and upon sale, to make and execute and deliver as such executor, deed or deeds conveying the same.

"Item 10. It is my will and I hereby direct, that my brother Philip J. Woodson take complete charge of and manage our partnership matters and business, as survivor, and as fast and as soon as he can divide and pay over to my executor my two-thirds interest in said partnership assets or estate, and I further will and direct that said brother be not required to give bond in and about such partnership business.

"In witness whereof, I have hereunto signed my name and affixed my seal. This 11th day of April, A. D. 1885.

                    "[Signed] Thomas D. Woodson. [Seal.]"
                

The plaintiff in her petition sets forth the contentions of the parties in full and with great precision. It will not be necessary to reproduce them here. Suffice it to say that the fifth and eighth paragraphs are alleged to be invalid and void, and that by reason thereof the whole scheme of the testator has failed, and all that portion of the will disposing of the bulk of the estate is of no effect and invalid. The real fight is upon the last clause of the fifth paragraph and the eighth paragraph. With these eliminated, plaintiff claims that the whole will must fail. The prayer of the petition reads thus: "Wherefore the plaintiffs herein pray for an order, judgment, and decree of this court for the determination of the validity or invalidity of the items of said will hereinbefore mentioned, and if for any reason the same or any part thereof be invalid or inoperative that they be so adjudged and decreed, and that the legal effects of such invalidity on the remaining portions of said items be declared, and that if the intended scheme of the testator cannot be carried out by the execution of the valid portions of said items, and the testator's scheme and purposes as expressed therein be effectuated, on account of the illegality of other parts thereof, then that the whole of said items be declared void, and if the whole of said items are valid, then for a construction thereof, and for a decree adjudging the rights of said plaintiff in and to the property of said testator disposed of or attempted to be disposed of by the items of his will aforesaid, under said will, if it be valid, or under the law, if it be invalid, and for instructions and directions, for future guidance and protection of the interests of said plaintiff and the parties to this suit, and for such other and further orders, judgments, and decrees touching the premises as to equity and justice may seem right and proper." All parties necessary were brought in as defendants and filed appropriate answers. We think the real contentions fairly appear from the above and further analysis of the pleadings superfluous. Thomas D. Woodson died August 28, 1902, leaving three children, viz.: plaintiff, Virginia E. Sevier, and defendants, Harrie P. Woodson and Lydia Ann Woodson, an invalid. Upon a hearing the trial court found these portions of the will which we have italicized to be void and noneffective. Plaintiffs appeal.

1. The trial court was of opinion that the latter portion of clause 5 of this will was void, and was further of the opinion that the eighth clause was void. To this extent the judgment of the trial court was in favor of the plaintiffs and against the contentions of defendants. But plaintiffs go further and contend that, if these portions of the will are void, then the whole scheme of the testator's devise has been broken, the scheme fails, and the whole devise in said clause 5 contained and other...