Stone v. McEckron

• Decision Date: 15 February 1889
• Court: Connecticut Supreme Court
• Parties: STONE v. MCECKRON et al.

17 A. 852

57 Conn. 194

STONE

v. MCECKRON et al.

Supreme Court of Errors of Connecticut.

Feb. 15, 1889.

Case reserved from superior court, New London county.

J. Halsey, for defendant Sarah Stone McEckron. A. Brandegee, for defendants the minor children of George F. Stone.

BEARDSLEY, J. This is an amicable suit brought to the superior court for New London county by the plaintiff, executor of the last will of Sarah Goodyear, deceased, to obtain a construction of the seventh clause of the will, by which she devises and bequeaths the residue of her estate. The case was reserved for the advice of this court. The entire will is as follows: "Item 1. I direct that all my just debts, including all my funeral expenses, and all expenses of administration, be paid. Item 2. I give and bequeath to the American Bible Society the sum of one thousand dollars, ($1,000.) Item 3. I give and bequeath to the American Home Missionary Society the sum of one thousand dollars, ($1,000.) Item 4. I direct that ray executors hereinafter named pay to my beloved brother, Leverett Augustus Hemingway, the sum of one thousand dollars ($1,000) during his life. Said sum of one thousand dollars shall be paid to him in semiannual equal installments,—that is, five hundred dollars each six months, during his life. At his decease I give and bequeath the sum of one thousand dollars to his wife, Martha Hemingway, and to her heirs, the same to be an absolute gift to her, for her individual property. Item 5. I give and bequeath to my beloved grandson, Hansen C. Stone, and his heirs, the sum of five thousand dollars, ($5,000.) Item 6. I give and bequeath to my beloved granddaughter Margaretta C. Stone, and her heirs, the sum of five thousand dollars, ($5,000.) Item!. I give and bequeath to my beloved granddaughter Emma Stone, and her heirs, the sum of five thousand dollars, ($5,000.) The above items, each, every, and all, shall not be paid out or the estate distributed, necessary expenses excepted, until the decease of my beloved brother aforesaid, Leverett Augustus Hemingway. The rest, residue, and remainder of my property, both real and personal, of whatsoever character, or wheresoever situated, I give, devise, and bequeath to Edward Winslow and Danforth Knowlton, both of the city, county, and state of New York, in trust for the following purposes, namely, to be held by them jointly, and to be invested by them jointly, for the benefit of my grandchild Sarah Stone McEckron during her minority; that is, until she is twenty-one years of age; that is, over eighteen years of age. Until she is twenty-one years of age so much of the income and produce of the said trust fund shall be paid over to said Sarah Stone McEckron as in the opinion of said trustees above named shall be necessary or meet for her liberal maintenance and comfort. The residue of said income, if any, shall be from time to time added to said principal trust fund as part of the same. At the age of twenty-one years the whole principal sum, with accrued interest or income, or both, shall be paid over to her as her individual property, but in no case or event shall it be under the control of any husband she may have, but shall ever be beyond and without his control, and in no manner whatsoever liable for any of his debts or obligations. At the decease of said Sarah Stone McEckron the said principal sum shall go to her child, or children, who shall survive her, as said Sarah Stone McEckron would take said property or fund, and the issue of a deceased child shall take by representation. In default of children or child, or issue of child, at the decease of said Sarah Stone McEckron, the said trust fund, as principal sum, shall go equally to the children and their heirs; that is, of each of my son, George Frederick Stone. In case of the death of either of said trustees before the duties herein named are performed I appoint my son, George Frederick Stone, successor to such deceased trustee, and with like powers. I grant to such trustees, acting jointly, full power to make contracts or give necessary deeds concerning any real estate I may leave, to reinvest any property I may leave, to sell my present investments and make others in lieu thereof, and generally to do the same with said trust fund as I myself could or would do if in life. It is my wish that my said granddaughter Sarah Stone McEckron give five thousand dollars to the widows or indigent females of the village of Stonington, in said county of New London, the terms, manner, or condition of the gift being left to the views of my said granddaughter, and the wish being made in expectation that my said granddaughter be left in affluent circumstances. I appoint Edward Winslow and Danforth Knowlton aforesaid executors of this my will, with like powers as they have had or are given in this will as trustees. In case of the death of either of my executors before the duties are performed, said George Frederick Stone is hereby appointed successor to such deceased executor. My executors shall act jointly, and shall not be required to give any bonds. They shall further have power to pay debts, collect or compromise the same, and like powers in regard to claims. They shall be repaid all costs inclined in settling up my estate. It is distinctly understood that the fund given to my granddaughter Sarah Stone McEckron shall be forever free and beyond the control of her father, and in no event shall he at any time have any interest or power in or about said fund or principal sum. In witness whereof I have hereunder and hereto set my hand and seal this 11th day of August, in the year of our Lord eighteen hundred and seventy-seven, at said village of Stonington."

Mrs. Goodyear had had two children, — the mother of Sarah, who died before the date of the will, leaving Sarah, her only child, and the plaintiff. At the date of the will Sarah was 13 years old. Mrs. Goodyear died in 1883. Sarah became 21 years old on the 5th of May, 1885. She has not been married. Edward Winslow and Danforth Knowlton, named as executors and trustees in the will, declined to accept either trust, and the plaintiff is sole executor and trustee, and has duly qualified as such executor and trustee, to the acceptance of the court of probate. He has paid the debts, legacies,...