Townsend v. Wilson

• Decision Date: 16 December 1904
• Parties: TOWNSEND et al. v. WILSON et al.
• Court: Connecticut Supreme Court

59 A. 417

77 Conn. 411

TOWNSEND et al.

v. WILSON et al.

Supreme Court of Errors of Connecticut.

Dec. 16, 1904.

Reservation from Superior Court, New Haven County; George W. Wheeler, Judge.

Action by William K. Townsend and others, as executors and trustees of the will of Frederick H. Hoadley, deceased, against Royal H. Wilson and others, for the construction of the will. Will construed.

Frederick H. Hoadley, of New Haven, died in 1895, leaving a will. The first and second articles thereof were as follows:

"Article First. I give and devise to my executors, as joint tenants, in trust as hereinafter declared, in fee simple all my estate, both real and personal, in whatsoever form it may exist, to hold on the following trusts:

"1. To keep the same properly invested, and the real estate properly insured, with power to rebuild, and to replace in case of any injury to any improvement thereon, and to sell any real estate, and to give a clear title thereto, if they deem it necessary for the interest of the trust.

"2. To collect the rents and profits, and to pay all the necessary expenses for the care and protection of the property.

"3. To pay to my cousin, Maria Hoadley Bradley, now residing in Macclenney, Baker Co., Florida, the adopted daughter of my deceased father and mother, in equal quarterly payments, so far as reasonably practicable, one-half of the net annual income of said devised property. Each and all such payments, and all interests given under this clause of this article to my said cousin, shall be and remain to her sole and separate use, free of any control or interest of any husband she may have.

"4. To provide for the support and maintenance of my uncle, Heli Hoadley, so far as he may be otherwise unprovided for, during the remainder of his natural life, in the sum not exceeding five hundred (500) dollars annually.

"I further empower said trustees, if they or the survivor of them think proper, to improve said real estate, and to replace or to alter the present buildings thereon at their discretion, and to mortgage said real estate to pay the expenses so incurred, or to secure any money borrowed to pay such expenses, and used to pay the same.

"Article Second. Upon the death of my cousin, Maria Hoadley Bradley, and my uncle, Heli, aforesaid, said trust shall cease, and the trust estate shall belong to my executors and to the children of my sister, Cornelia, by her first husband, absolutely and in fee simple, to each of my executors one-third of said estate, and to the children aforesaid of my sister, Cornelia, one-third of said estate."

Article third made a provision which has been executed.

The plaintiffs were named as executors and duly qualified. They have, in the execution of their trust, paid all the debts and expenses, and filed their administration account, which, after due notice to all parties in interest and hearing, has been approved and allowed. No appeal has been taken from the order of allowance. The necessary expenses connected with the probate of said will and the administration of said estate were charged in part against the principal of said estate, and in part against the income, and as a matter of convenience a part of such expense charged and chargeable to principal has been paid out of the income of said estate, to the amount of $4,277.77, as shown by said administration account. Since the filing of said account said amount has been reduced to $3,277.77 by applying in reduction thereof the sum of $1,000, collected on a certain bond owned and held by said estate. The principal of said estate and of the trust fund created by said will now consists of real estate.

John W. Bristol, for plaintiffs.

William H. Ely, for defendants Royal H. Wilson et al.

Henry Stoddard, for defendants Clinton H. Merriam et al.

Erroll M. Augur, for defendant Maria H. Bradley.

PRENTICE, J. (after stating the facts). The questions propounded for our determination arise out of the conflicting claims of the executors in their individual capacities, of the beneficiaries specifically named in article first, and of the children of Cornelia and those who represent their interests.

The claim of Maria Hoadley Bradley to one-half of the clear net annual income of the estate held in trust, without deduction on account of payments for the support and maintenance of Heli Hoadley, is in accordance with the manifest intention of the testator as expressed in the will. The provision for the support and maintenance of Heli Hoadley should be made out of the remaining one-half of the net income. If said one-half shall at any time prove insufficient for the purpose, so much of the principal of the trust fund should be used as may be necessary to fill out the measure of the provision made.

The claim of the executors that any balance of the net annual income remaining unexpended after the payments of one-half thereof to Maria Hoadley Bradley and for the support and maintenance of Heli Hoadley belongs to them in their individual capacities, by virtue of the provisions of artic...