157 Mass. 241 | Mass. | 1892
This is a bill brought to obtain instructions as to the meaning of the twelfth and fourteenth clauses of the will of one Margaret H. Lombard. The testatrix died on July 23, 1890. We assume, as the contrary is not claimed by any party, that upon any construction of the will her estate is ample to satisfy all her legacies. The first eleven clauses dispose of $5,100 in legacies, varying in amount from $100 to $2,000, and of ten shares of stock in the New York, New Haven, and Hartford Railroad, and of forty shares of Boston and Albany Railroad stock, and of her wardrobe and keepsakes. The next three clauses are as follows:
“ 12. I give the dividends and income of my shares of stock of the following named banks, First National Bank, Second National Bank, Chapin National Bank, and John Hancock*243 National Bank, to the amount of ten thousand dollars, to the Springfield Home for Aged Women, a corporation established by law, and located in said Springfield, and I direct that it be kept as a permanent fund, to be known as ‘ The Lombard Fund,’ the income of which only shall be expended. And I direct that in the expending of said income preference shall be given to the care and benefit of old ladies designated and recommended by the pastor for the time being of the Unitarian Church in said Springfield. And I further direct that the said shares of bank stock shall not be sold unless it becomes absolutely necessary. I also give to said Springfield Home for Aged Women one thousand dollars, as a memorial of my deceased sister, Eliza Lombard, to be paid to said corporation within one year after my decease.
“ 13. I give to the Springfield Hospital, in said Springfield, certificate of stock of Connecticut and Passumpsic River Railroad, No. 58, dated May 13, 1887, for twenty shares, and also enough more from such other part of my estate, not otherwise specifically devised and bequeathed, as my executors shall think best to take it from, to make up the sum of ten thousand dollars to be known as ‘ The Lombard Fund,’ to endow a bed, to be called and known as ‘ The Lombard Bed,’ in the use and occupancy of which my relatives are to be preferred.
“14. The use of my share of the homestead and furniture; and of all my property, save small legacies left as a residue and remainder, for one year after my decease, and as much longer as she shall choose to stay and use the same, I give to Helen B. Angelí, she paying the taxes and necessary repairs. And after the settlement of my estate, I give to her during her life the use of three fifths, and to her brother, John L. Bardwell, the use 'during his life of two fifths of the rest, residue, and remainder of my estate. In case of the death of Helen B. Angelí during said John L. Bard well’s lifetime, then I give him the use. of the whole during his lifetime; and in case of his death during her lifetime, then I give her the use of the whole of said residue and remainder during her lifetime; but his use of more than two fifths is conditioned upon his residence in said Springfield.
“After the death of both said Helen B. Angell and John L. Bardwell, I give, devise, and bequeath all the residue and*244 remainder, in equal shares, to the Springfield Hospital and to ‘The Springfield Home for Aged Women,* to be added to and become a part of ‘ The Lombard Fund,’ hereinbefore given to said corporations, and to be a permanent fund, the income only to be used, and upon the terms and conditions before stated. The share of the residue and remainder devoted to the use of John L. Bardvvell shall be held in trust for him, and I designate my executrixes, hereinafter named, as the trustees, without bonds.
“ Whatever household furniture there may be over and above the wants of Helen B. Angell, 1 wish her to distribute among family relatives according to her best judgment.”
The only remaining clause contains the appointment of executrixes. The will was made on April 22, 1890.
The testatrix had in her own name twenty shares of stock of the First National Bank, of the market value of $2,800; five shares of the Second National Bank, of the market value of $750; twelve of the John Hancock National Bank, of the market value of $1,500; and nineteen of the Chapin National Bank, of the market value of $2,755; the aggregate market value of these shares being $7,805. .In addition to these shares, there were sixteen other shares of the stock of the Chapin National Bank, of the market value of $2,320; making, with the bank stocks standing in her own name, an aggregate market value of $10,125, in which sixteen shares the testatrix was thus interested.
The certificates for these shares stood in the name of one Frances Lombard, her sister, who died in 1885, and who owned them until her" death, and who by her will, proved and allowed on October 7, 1885, gave the rest and residue of her estate to this sister, Margaret H. Lombard, and to her brother, Justin Lombard, “ to have and to hold the same to them and the survivor of them and to the heirs of such survivor forever.” Margaret and Justin Lombard received letters testamentary, with this will of Frances Lombard annexed, on October 7,1885, and took possession of all her estate, including these sixteen shares; but they did not change the certificate. Justin died on January 30, 1890, and up to that time the dividends on the sixteen shares were drawn, sometimes by him and sometimes by Margaret. Margaret was appointed administratrix of the estate of Justin on May 7, 1890, but never qualified. After the death
1. It appears that, although Margaret Lombard never held in her own name certificates for these sixteen shares, she had held in her possession jointly with her brother the certificate, which was in the name of her deceased sister, for more than four years before the making of her own will; that she was at the same time jointly interested in the shares with her brother, with a right of survivorship; and that for some months before she executed her own will she held by survivorship the sole beneficial interest in the shares, the certificate of which had during the same time remained in her own sole possession. These shares were moreover but a part of what it seems was a large property, not needed for any debts or charges of the estate of her deceased sister, and the beneficial interest in which she must have long considered to be jointly in herself and her brother Justin, and which she must have considered to be in herself alone by survivorship after his death in January, 1890. Under these circumstances it is impossible to escape the conclusion that, when she came to execute her own will, in the April following her brother Justin’s death, she considered the sixteen shares as her own, and intended to dispose of them by her will.
2. The question of present importance as to the construction of the fourteenth clause is as to what portion of the estate Helen B. Angelí was entitled to the sole use of, and for what period of time. The first portion of this clause is somewhat blindly expressed, but we are of opinion that the testatrix meant to give to Helen B. Angelí the use of the testatrix’s share of the Lombard homestead and furniture so long as she should choose to stay at the homestead, charging her to distribute among the family relatives any furniture which she might not herself want; and that, in the contemplation of the testatrix, the “rest, residue, and remainder ” of her estate, in the use of which, after the settlement, Helen B. Angelí and John L. Bard well are to share during their lives, included all her property (except the share in the homestead and furniture) not needed to satisfy the legacies given in the first thirteen clauses of the will. Of this residuary property Helen B. Angelí is to have the use during the time reasonably consumed in the payment of debts and of the legacies contained in the first thirteen clauses, and such other operations as may arise in the settlement of the estate. Such is the property “ left as a residue and remainder,” that is not otherwise previously disposed of. Just what was intended by the words “ save small legacies,” we cannot determine; but we do not understand any claim to be made that Helen B. Angelí was intended by this clause to take for one year after the death of the testatrix the income of all the estate not given in small legacies ; while the words “ and as much longer as she shall choose
It is unnecessary now to determine any questions which may arise if he shall survive Helen B. Angelí, and shall cease to reside in Springfield; or what would become of the testatrix’s share of the homestead in contingencies which may not occur.
At the death of both Helen B. Angelí and John L. Bardwell, it is clear that all that then remains of the estate of the testatrix is to be equally divided between the Springfield Home for Aged Women and the Springfield Hospital.
Decree to be framed accordingly.