Spinney v. Eaton

• Citation: 87 A. 378,111 Me. 1
• Parties: SPINNEY v. EATON et al.
• Decision Date: 07 July 1913
• Court: Maine Supreme Court

87 A. 378

111 Me. 1

SPINNEY

v. EATON et al.

Supreme Judicial Court of Maine.

July 7, 1913.

Report from Supreme Judicial Court, York County, in Equity.

Suit by Elvington P. Spinney, executor of Charles Oscar Littlefield, against Laura J. Eaton and others, for the construction of the will of deceased. Cause reported. Bill sustained, and decree construing will.

Argued before SAVAGE, C. J., and CORNISH, KING, BIRD, HALEY, and HANSON, JJ.

E. P. Spinney, of North Berwick, for plaintiff.

HANSON, J. This is a bill in equity brought by the executor to obtain a judicial construction of the will of Charles Oscar Littlefield, who died September 29, 1911, leaving a widow, a son, and three sisters. The will is dated March 10, 1911.

At the date of the will the testator was the owner of 1,830 shares of the preferred stock of the J. L. Prescott Company, a corporation having a place of business at Passaic, N. J., each of the par value of $100.

The questions submitted for determination arise under the first three paragraphs of the will and the codicil, which are as follows:

"First: I give and bequeath to my sister, Laura J. Eaton, of said Wells, wife of Joseph D. Eaton, fifty shares of my preferred stock in the J. L. Prescott Company, a corporation duly created by law and having its place of business at Passaic, New Jersey, and nothing more.

"Second: I give and bequeath to my sister, Alice Littlefield Gray, of said Wells, wife of Edward Gray, fifty shares of my preferred stock in the said J. L. Prescott Company, and nothing more.

"Third: I give, devise and bequeath to my sister, Julia F. Littlefield of said Wells, one hundred shares of my preferred stock in the said J. L. Prescott Company, and also a home on my homestead farm in said Wells as long as she remains single and unmarried, and if she never marries, said home on my homestead farm to continue during her natural life."

The codicil, which was dated March 15, 1911, provides that, "whereas by my said will I gave and bequeathed to my sister, Julia F. Littlefield, in paragraph 'third' of my said will, one hundred shares of my preferred stock in the J. L. Prescott Co., and whereas since the date of my said will and the date of this codicil, to wit, on the 13th day of March, I have in my lifetime transferred to my said sister, Julia F. Littlefield, one hundred shares of my preferred stock in the said J. L. Prescott Co., as witnessed by certificate of stock No. 4, dated March 13, 1911; and whereas I desire to make a bequest to my niece, Elva L. Gray, of said Wells, out of the property given my wife and son by paragraph 'seventh' of my said will, now I do hereby make, publish and declare this my codicil to my last will and testament, to be annexed to and taken and allowed as a part thereof.

"First: I do revoke the bequest, made in paragraph 'third' of my said will of said one hundred shares of my preferred stock in said J. L. Prescott Co. to my sister, Julia F. Littlefield, for the reason above stated, but the remaining part of said paragraph 'third' of my said will, relating to the home for my said sister, I leave and give to her as stated therein.

"Second: I give and bequeath to my niece, Elva L. Gray, above named, one thousand dollars."

On July 1, 1911, the testator exchanged his 1,730 shares of preferred stock in the J. L. Prescott Company for 173 first mortgage bonds of the same company, the denomination and value of each bond being $1,000, and bearing date July 1, 1911. On the same day Julia F. Littlefield exchanged her 100 shares of preferred stock for 10 bonds of the same issue.

Six questions are propounded to the court, three of which are upon the character of the bequests in paragraphs first and second, relating to the 50 shares to each of the sisters named therein, viz.: (1) Are the legacies specific? (2) General, without any attempt at a definite description? (3) Demonstrative, payable out of a specific fund primarily, or out of the general estate if the fund does not exist and no such assets belong to said estate? (4) Have the two legacies been adeemed or lost? Questions 5 and 6 ask for direction as to payment, and interest to be allowed if the legatees are entitled to payment in money under said paragraphs.

The answer determining the character of the legacies involves not merely a technical question depending for its solution solely upon the precise language of the bequest, but a substantial inquiry respecting the intention of the testator as shown by the terms of the particular legacy, examined in connection with all the other provisions of the will. Appeal of Stilphen, 100 Me. 146, 60 Atl. 888, 4 Ann. Cas. 158.

After bequeathing the 200 shares of preferred stock by paragraphs 1, 2, and 3, the testator says in paragraph "fifth"—"all the rest, residue and remainder of my shares of the preferred stock in the said J. L. Prescott Co. which have not been disposed of by this will, I give and bequeath to my beloved wife Olive M. Littlefield and my son Roland Smith Littlefield, in the following shares, amounts and proportions,...