Case Reserved from Superior Court, New Haven County; Lucien F. Burpee, Judge.
Action by William H. Williams, as trustee under the will of John Wolfe, deceased, against Anna H. Gardner and others for instruction as to his duties under the will. Cause reserved by superior court for advice of Supreme Court of Errors.
Action by a trustee, asking for instruction as to his duties under the will of John Wolfe, deceased, brought to the superior court in New Haven county and reserved by the court, Burpee, J., for the advice of this court.
John Wolfe died, leaving a will dated May 16, 1904, wherein, after making several bequests, he gave the remainder of his estate to Charles H. Pine in trust, the same to be divided into two equal parts. As to one, which is here in question, he provided as follows in paragraph XI of the will:
"Paragraph XI. 1st. Of said latter of said equal parts or shares of said rest, residue and remainder of my estate so given in trust as aforesaid, I will and direct said trustee thereof to pay and deliver to my aforesaid son, the said Carl L. Wolfe, in semiannual payments, the entire net rents, interest and income thereof, for and during the life of said trust; or for and during the term of the natural life of said Carl L. Wolfe, if said trust so long continue, the same to be to him as his own absolute estate forever, relieved of said trust.
"2d. My will is, and I hereby order and direct said trustee of said trust estate within six months after receipt by him as such trustee of said estate, and after written request of my said son, the said Carl L. Wolfe, for such purpose, to make careful inquiry into the social and business character and relations of my said son; and if after such careful inquiry said trustee be of opinion that my said son would prudently and economically manage the same, thereupon to transfer, convey and deliver to my said
son one equal one-third part of said latter one-half part or share of the corpus of said rest, residue and remainder of my said estate, so given, devised and bequeathed in trust as aforesaid, to be to him, the said Carl L. Wolfe, as his own absolute estate forever, relieved of said trust; but if said trustee after said careful in quiry into the social and business character and relations of my said son be of opinion, that he the said Carl L. Wolfe will not manage said estate with prudence and economy, then said trust shall continue and remain as though this paragraph of this my will had not been written.
"3d. And further my will is, and I hereby further order and direct said trustee of said trust estate, after the conclusion of two years after the foregoing careful inquiry into the social and business character and relations of my said son, the said Carl L. Wolfe, and after written request of my said son, the said Carl L. Wolfe, for such purpose, to make another and further careful inquiry into the social and business character and relations of my said son, the said Carl I/. Wolfe, as ordered and directed in the next preceding paragraph of this my will; and if after such careful inquiry said trustee be of opinion that my said son would prudently and economically manage the same, then and thereupon said trustee shall transfer and deliver to my said son, the said Carl L. Wolfe if no antecedent payment, transfer or delivery of the corpus of said trust estate shall have been made by said trustee to said Carl L. Wolfe, cestui que trust aforesaid, under and by the terms and conditions of this my will) one equal one-half part or portion of the corpus of said trust estate, so held by said trustee for said Carl L. Wolfe, to be to him as his own absolute estate forever, relieved of said trust; but, however, if there shall have been any antecedent payment to hint of or from the corpus of said trust estate by said trustee, under the terms and conditions of this my will, then said trustee shall pay and deliver to my said son, the said Carl L. Wolfe, the equal one-half of the corpus of said trust estate then remaining in the hands of said trustee, upon the same conditions and provisions as prescribed aforesaid, in case there had been antecedent payments by said trustee to said Carl L. Wolfe as aforesaid; but however, if said trustee, after said latter careful inquiry into the social and business character and relations of my said son, be of opinion that the said Carl L. Wolfe will not manage said estate with prudence and economy, then said trust shall continue and remain as though this paragraph of this my will had not been written.
"4th. And further my will is, and I hereby further order and direct said trustee of said trust estate, after the conclusion of two years after the last foregoing careful inquiry into the social and business character and relations of my said son, the said Carl L. Wolfe, and after written request of my said son, the said Carl L. Wolfe for such purpose, to make another and further careful inquiry into the social and business character and relations of my said son, the said Carl L. Wolfe, as hereinbefore ordered and directed in relation to said preceding like careful inquiries, and if after such careful inquiry, said trustee be of opinion that my said son would prudently and economically manage the same, and further provided, however, that in each of the aforesaid careful inquiries, said trustee shall have been of opinion and shall have found that said Carl L. Wolfe would manage that portion of said trust estate, so then before delivered to him under the terms and conditions of this my will, with prudence and economy, then and in such event, said trustee shall transfer and deliver to the said Carl L. Wolfe all that remains of said trust estate in the hands of said trustee for said Carl L. Wolfe, to be to him, the said Carl L. Wolfe, as his own absolute estate forever, relieved of said trust. If however, upon such careful inquiry, said trustee be of opinion and find that said Carl L. Wolfe will not prudently and economically manage and use said trust estate, then and in such event such trust shall continue and remain as though this clause of this my will had never been written.
"5th. And further my will is, and I hereby further order and direct said trustee (in case my said son, the said Carl L, Wolfe, do not become entitled to the title and possession of said trust estate or to any part or portion thereof so held for his benefit under the terms and provisions of this my will), at any...
