Walter v. Thielke

• Decision Date: 13 June 1940
• Citation: 13 A.2d 649,127 N.J.Eq. 402
• Parties: WALTER et al. v. THIELKE et al.
• Court: New Jersey Court of Chancery

13 A.2d 649

127 N.J.Eq. 402

WALTER et al.

v. THIELKE et al.

Court of Chancery of New Jersey.

June 13, 1940.

Syllabus by the Court.

1. Where a will creates a testamentary trust and provides that the vested remainder following the life estate should be payable on the life tenants' death, a release of the life estate by the life tenants will, if absolute, unconditional and immediately operative, terminate the life estate.

2. Where a life estate, created under a testamentary trust followed by a vested remainder payable on the life tenants' death, is, by release of the life tenants, terminated and extinguished, prior to their death, the question of whether the remainder becomes immediately due and distributable is governed by the testator's intent which is to be ascertained from the whole will and the surrounding circumstance.

3. Under a will creating a testamentary trust and providing that the vested remainder should be payable on the life tenants' death, it will be presumed, in the absence of any indication of a contrary intent, that the testator intended that distribution or payment to the remaindermen should take place at the termination of the life estate; irrespective of the cause or means of such termination; even though such vested remainder be subject to divestment in favor of the contingent substitutionary remaindermen if any of such remaindermen predecease the life tenants.

Suit by Bertha E. Walter and John F. Walter, Jr., against Walter Thielke and others for construction of the will of John F. Walter, Sr., deceased.

Decree in conformity with opinion.

Peter Hofstra, of Paterson, of complainants.

Walter W. Weber, of Ramsey, for defendants.

Charles K. Barton, of Paterson, for infant defendants.

LEWIS, Vice Chancellor.

John F. Walter, Sr., died on March 14, 1935, leaving him surviving his widow, Bertha E. Walter, and his son, John F. Walter, Jr. After making certain bequests, none of which are here pertinent, he, by the sixth clause of his last will and testament, among other things, devised and bequeathed all of the residue of his estate to his executors and trustees, the Citizens First National Bank and Trust Company of Ridgewood, New Jersey, and Walter Thielke, in trust, however, to hold, manage, invest and re-invest, and, out of the income received therefrom, directed them "to pay to my beloved wife, Bertha A. Walter, the net income thereof, the same to be paid to her in equal quarterly payments, during the remainder of her natural life, and upon the death of my said wife, Bertha E. Walter, then to pay the entire net income to my son, John F. Walter, Jr., for and during the remainder of his natural life, in quarterly payments, and upon the death of both my wife, Bertha E. Walter, and my son, John F. Walter, Jr., I give, devise and bequeath all the rest, residue and remainder of my estate, whether principal or income, in the hands of my said trustees, or the survivor of them, to the following relatives of my wife, namely: one-fourth to Herman Hoppe of Burgdam unter Breman, Germany; one-fourth to Adelaide Leopotts of Burgdam unter Breman, Germany; .one-fourth to Meta Heinzenbuttel of Grankermore, Germany, and one-fourth to Card Hoppe of Voorbuch, Germany, to them, their heirs and assigns forever, they being nephews and nieces of my said wife."

On March 15, 1939, the above named four remaindermen assigned their...