Verrill v. Weymouth

• Decision Date: 21 June 1878
• Citation: 68 Me. 318
• Parties: Byron D. VERRILL, administrator de bonis non, with the will annexed, of Isabella W. Bishop, in equity, v. L. Eugene WEYMOUTH, administrator, et als.
• Court: Maine Supreme Court

68 Me. 318

Byron D. VERRILL, administrator de bonis non, with the will annexed, of Isabella W. Bishop, in equity, v. L. Eugene WEYMOUTH, administrator, et als.

Supreme Judicial Court of Maine.

June 21, 1878

BILL IN EQUITY, asking the construction of a will.

A testatrix gave her mother two dollars per week for life, made her son D. residuary legatee, and added: " Should D. die without an issue, all my property is to be equally divided between my mother, brothers, and sister." D. died leaving a wife and only son, who also died before any distribution of the estate. Held, that the personal property in the hands of the administrator vested in D. on the death of the testatrix, charged with the annuity to her mother.

B. D Verrill, pro se, as administrator de bonis non.

F. M Ray, for L. E. Weymouth, administrator, and Fannie C. Bishop.

J. H Drummond & J. O. Winship, for the heirs at law.

LIBBEY J.

This is a bill in equity brought to determine the construction of the will of Isabella W. Bishop. The clauses of the will which are involved, are as follows: " First, I give and bequeath to my dear beloved mother, Sarah Johnson, fifty dollars, and two dollars per week to her during the remainder of her natural life. Second... The brig George Amos, .. it is my will to have said vessel sold, and the money received from said brig put into bank shares, or laid in bank, for my son, De Clare Bishop, said De Clare to use and receive the income only until said De Clare Bishop is twenty-five years old.

" And, lastly, I give and bequeath all the rest of my residue and remainder of my personal property, real estate, goods, bonds, bank shares, vessel property, all not before mentioned above, what kind and nature soever, to my son, De Clare Bishop, .. all the household furniture, all houses, to have and to hold... Should said De Clare Bishop die without issue, all of my property is to be equally divided between my mother, brothers and sister. I appoint L. Eugene Weymouth executor of this will. I also appoint said L. Eugene guardian of my son, De Clare Bishop, during his minority. I also place in the hands of said L. Eugene Weymouth the bank shares which I have in the First National Bank of Portland, to hold in trust until said De Clare Bishop arrives at the age of twenty five years, when said De Clare Bishop comes in full possession of said bank stock and all other property left by me." The codicil thereto contains the following provisions: " Whereas by my will I gave to my son, De Clare Bishop, certain shares of the First National Bank, Portland, in trust to be delivered to my said son when he should attain the age of twenty-five years, now I hereby revoke the same so far as the time only is concerned, and instead of my said son having full possession and control of said bank stock at the age of twenty-five years, for good and sufficient reasons I now direct that the said bank stock shall be held in trust as aforesaid till my said son shall attain the age of thirty-five years. And my dwelling house, No. 27 Myrtle street, in said Portland, and now occupied by me, with the lot of land therewith connected, I give and bequeath to my sister, Annie B. Weymouth, during her natural life; after her decease to my son, De Clare Bishop, during his lifetime, and after his decease to his children, if any he have; otherwise, to go to my legal representatives."

The testatrix died in March, 1872, leaving her son, De Clare Bishop, her only heir at law. He died August 2, 1876, after arriving at the age of twenty-one, but before arriving at the age of twenty-five years, leaving a widow, Fannie C. Bishop, and one son, Harry Bell Bishop. He died October 16, 1876, leaving his mother, Fannie C. Bishop, his only heir. At the death of De Clare Bishop his son, Harry Bell, was the only heir at law of the testatrix.

At the time of the death of the testatrix, and at the time of the execution of her will, she owned fourteen shares in the First National Bank of Portland, which passed into the hands of the trustee named in the will.

Three questions are propounded to the court: 1. " As to the disposition of the trust fund in the hands of said trustee to wit, said bank shares." 2. " As to the disposition of the residue in the hand of your orator as administrator de bonis non, with the will annexed, after the decease of the said Sarah Johnson." 3. " The disposition by said will of the...