Taylor v. Lindsay

• Decision Date: 28 June 1884
• Citation: 14 R.I. 518
• Parties: WILLIAM R. TAYLOR v. SAMUEL M. LINDSAY, Administrator, et als.
• Court: Rhode Island Supreme Court

14 R.I. 518

WILLIAM R. TAYLOR v. SAMUEL M. LINDSAY, Administrator, et als.

Supreme Court of Rhode Island.

June 28, 1884

L conveyed certain property, real and personal, in trust to pay his debts from the income if sufficient, if otherwise from the principal, and thereafter to pay the income to himself or order for his benefit or his family's, and if the trustee should think more needed for L.'s comfort to pay to L. or order such amounts, not to exceed one half of the principal as the trustee thought proper. The preamble of the deed stated that L. had " certain property, real and personal, which he is desirous of having conveyed in trust for the sole benefit and use of himself." The deed further provided, " and in case of the decease of L this trust is to terminate, and the said property remaining in the hands of the trustee to be conveyed as he shall by his last will and testament direct, and in default thereof to his heirs at law."

L. died intestate leaving a widow and a daughter.

Held, that L. took under the trust deed an equitable fee simple in the realty conveyed.

Held, further, that the same words which gave to L. an equitable fee simple in the realty also gave to him the entire equitable interest in the personalty.

Held, further, that the trustee should convey the realty in his hands, with the rents received since L.'s death, to L.'s daughter, subject to the widow's dower.

Held, further, that the trustee should transfer the personalty in his hands to L.'s administrator. The rule in Shelley's case applies to personalty by way of analogy, not as a rule of strict law.

BILL IN EQUITY for an interpleader and instructions.

James Tillinghast, for complainant.

Welcome A. Greene, for respondent Lindsay.

Colwell & Barney, for respondent Susan S. Littlefield.

Thomas C. Greene, for respondent Eliza Littlefield.

DURFEE C. J.

The object of this suit is to get a decision on certain questions arising under a trust deed made by Julius Littlefield, late of Bristol, deceased. The deed, dated December 16, 1872, conveys property, both real and personal, to the complainant, in trust to pay the debts of the grantor out of the income and profits thereof if sufficient, and, if not, from the principal, and, subject thereto, to pay the rents, profits, and income, as they may accrue, to the grantor or his order for his benefit or for his family, and if, in the opinion of the complainant, more shall be necessary for the comfort and happiness of the grantor, to pay to the grantor or his order such portions of the principal from time to time as the complainant may think proper, not to exceed in all one half thereof. " And," the deed goes on, " in case of the decease of the said Julius Littlefield, this trust is to terminate, and the said property remaining in the hands of the trustee to be conveyed as he shall by last will and testament direct, and, in default thereof, to his heirs at law." The said Julius died intestate, May 7, 1883, leaving a widow, Susan S. Littlefield, and a daughter, Eliza Littlefield, his only heir, surviving him. The complainant still holds property both real and personal under the trust. The daughter claims that she is entitled to it by the terms of the trust, subject to the widow's right of dower in the real estate, and that it is the duty of the complainant to convey it to her. The defendant Samuel M. Lindsay, who has been appointed administrator on the estate of said Julius Littlefield, claims the personal estate in his representative capacity. The widow claims that she is entitled, in addition to her dower in the real estate, to one third of what remains of the personal estate after the payment of her late husband's debts. The complainant, in view of this...