Union Trust Co. v. Richardson, 1673.
| Decision Date | 29 May 1944 |
| Docket Number | No. 1673.,1673. |
| Citation | 37 A.2d 777 |
| Parties | UNION TRUST CO. v. RICHARDSON et al. |
| Court | Rhode Island Supreme Court |
OPINION TEXT STARTS HERE
Case Certified from Superior Court, Providence and Bristol Counties.
Bill in equity by Union Trust Company, executor and trustee under the will of Stephen I. Peck, deceased, against George W. Richardson and others for the construction of the third and fourth clauses of deceased's will. On questions certified under General Laws 1938, chapter 545, § 7.
Questions answered.
Haslam, Arnold & Sumpter and Erving T. Arnold, all of Providence, for complainant.
Stockwell, Chace & Yatman and Ellis L. Yatman, all of Providence, for respondents George W. Richardson and Louis D. Richardson, Jr.
Roger L. McCarthy, of Providence for respondents Rhode Island Soc. for Prevention of Cruelty to children and Salvation Army.
John H. Nolan, Atty. Gen., and Archie Smith, Asst. Atty. Gen., for the State.
This is a bill in equity brought by the Union Trust Company as executor and trustee under the will of Stephen I. Peck, late of the city of Providence, deceased, for the construction of the third and fourth clauses of that will. All necessary parties that are made respondents filed answers and therein joined in the prayer of the bill. No interests of minors or of persons not in being are involved. The cause being ready for hearing for final decree was duly certified to this court for determination in accordance with General Laws 1938, chapter 545, § 7.
The will was executed on March 12, 1929, and a codicil thereto was executed April 11, 1931. The testator died January 27, 1943. Louis D. Richardson, a legatee under the will, predeceased the testator on April 2, 1942, leaving as his only surviving issue George W. Richardson and Louis D. Richardson, Jr., who are also legatees under the will. The residue of the estate, after certain other bequests, is devised and bequeathed by the will to the complainant, in trust for the respondents Rhode Island Society for the Prevention of Cruelty to Children, a Rhode Island corporation, and the Salvation Army, a New York corporation. The complainant was also named sole executor of the will.
The clauses of the will, which we are asked to construe, read as follows:
The parties seek our answer to the following questions. 1. Did the legacy to the said Louis D. Richardson under the third clause of said will lapse by reason of his death prior to that of the testator? 2. If said legacy did not lapse, did it become payable under the provisions of § 30 of chapter 566 of the General Laws of Rhode Island in equal shares to the respondents George W. Richardson and Louis D. Richardson, Jr., as the surviving issue of said Louis D. Richardson?
It is admitted by all parties that at common law the legacy to Louis D. Richardson would have lapsed upon his decease prior to that of the testator. They also admit that this rule of the common law was changed by statute in this state, which first appears in Rhode Island Digest of 1798, at page 282. The statute last appeared in its original form, as amended from time to time, in Pub.Stat. 1882, chap. 182, sec. 14. In 1890 the legislature undertook a real and complete revision of all our statutes and, acting through a committee of its own choice under its immediate direction and control, it finally enacted our General Laws of 1896, wherein all statutes theretofore in force as Public Statutes of Rhode Island 1882, were specifically repealed by reference to the various titles and chapters thereof, which included the title and chapter of the statute involved in this cause.
General Laws 1896, chap 203, sec. 31, appeared without material change as G.L.1923, chap. 298, sec. 31. At the time this will and codicil were executed, sec. 31 read as follows: “When any person to whom any real or personal estate shall be devised or bequeathed for any estate or interest not determinable at or before the death of such person, shall die in the lifetime of the testator, leaving issue, and any such...
To continue reading
Request your trial
-
King's Estate, Matter of
...was intended to supplement the will and not to defeat it." Burns, supra, 78 S.D. at 229, 100 N.W.2d at 402, citing Union Trust Co. v. Richardson, 70 R.I. 151, 37 A.2d 777. (c) If a testator does not want a statute to apply, he can very easily show a contrary intent in his will. It is not fo......
-
Burns' Estate, In re
...that does not appear the statute is a part of the will. It was intended to supplement the will and not to defeat it. Union Trust Co. v. Richardson, 70 R.I. 151, 37 A.2d 777. The intent to substitute another in place of the deceased beneficiary must be clear and if there is doubt concerning ......
- Beagan v. Citizens Sav. Bank.