E. Trust & Banking Co v. Edmunds

• Decision Date: 08 July 1935
• Citation: 179 A. 716
• Parties: EASTERN TRUST & BANKING CO v. EDMUNDS et al.
• Court: Maine Supreme Court

179 A. 716

EASTERN TRUST & BANKING CO

v. EDMUNDS et al.

Supreme Judicial Court of Maine.

July 8, 1935.

Appeal from Supreme Judicial Court, Penobscot County in Equity.

Bill by the Eastern Trust & Banking Company, trustees, against Paul Edmunds and others asking for construction of a will and the determination of the present rights of remaindermen.

On appeal. Appeal sustained and decree in accordance with opinion.

Argued before PATTANGALL, C. J., and STURGIS, BARNES, THAXTER, and HUDSON, JJ.

Edgar M. Simpson, of Bangor, for plaintiff.

Andrews, Nelson & Gardiner, of Augusta, and James E. Mitchell, guardian ad litem, and William M. Warren, both of Bangor, for defendants.

PATTANGALL, Chief Justice.

Bill in equity asking for construction of a will and the determination of the present rights of remaindermen. After disposing of certain property by special bequests, the testator created a trust embracing the residue of his estate, for the following purposes:

"This trust to continue in any event during the life of my wife, Roberta Mae Edmunds, and it shall cease at her death, if my grandson, hereinafter mentioned, shall not then be living, or, if he shall then have arrived at the age of thirty years: and if, at the time of the decease of my said wife, my said grandson, Robert Dole Edmunds, shall be living, and shall not then have arrived at the age of thirty years, then this trust shall continue up to the time when my said grandson, Robert Dole Edmunds, shall arrive at the age of thirty years, or, it shall continue up to the time of the decease of my said grandson, if he shall decease before arriving at the age of thirty years, and if he shall survive my wife.

"My said trustee to manage all my said estate prudently and carefully, and keep the same insured, and to invest and reinvest my personal estate in safe and reliable securities. And it, my trustee, shall pay every three months from the time of my decease one-third part of the net income of all my said estate to my said wife, during the term of her natural life, and my said trustee shall pay out of said net income to Ruby Fay Edmunds the sum of One thousand dollars per-year, to be paid to her in quarterly payments until this trust shall cease, as above specified, or, up to the time of her death, if she dies before the termination of this trust, or, up to the time of her marriage, should she marry, and if she shall marry then the same shall cease absolutely: and all the remainder of said net income shall be paid during the continuance of this trust in quarterly payments as follows: To my said grandson, Robert Dole Edmunds (or to his Guardian up to the time he shall arrive at the age of twenty-one years) while living, and thereafter to his children, if any; and if during the continuance of this trust, said grandson shall decease, leaving no children surviving him, then said net income shall be paid during the continuance of this trust to my brother, Frank H. Edmunds, if he shall be living, and if he shall not be living, then the same shall be paid during the continuance of this trust to his children, if any, in equal shares.

"At the termination of said trust, all of my said estate in whatever form the same shall then be, shall become the property absolutely of the following named persons, in the following named order: My said grandson, Robert Dole Edmunds, if he shall be living, and if he shall not be living at the time of the termination of this trust, then to his children equally, if there shall be any of his children living at the termination of this trust; and if my said grandson shall not be living at the time of the termination of this trust, then to my brother, Frank H. Edmunds, if he shall be living at the time of the termination of this trust; and if he, Frank H. Edmunds, shall not be living at the time of the termination of this trust, then the same shall go to the Lineal descendants of my said brother, Frank H. Edmunds, in accordance with the laws of the State of Maine relative to the descent of real...