40 A. 498 | R.I. | 1898
This is a bill for instructions. Its purpose is to obtain a construction of the residuary clause of the will of Amos C. Barstow, late of Providence, deceased.
By the second clause of the will the testator gives, devises, and bequeaths to his widow, Emeline M. Barstow, for and during her natural life, the use, occupation, rents, profits, *562 and income of his homestead estate on Jackson street, in Providence, "free from all taxes, assessments, and any and all expenses for repairs, insurance or otherwise."
By the fourth clause he gives and bequeaths to his widow an annuity of $3,000, to be paid to her in equal quarterly. payments, the first to be made in three months after his decease, and the others in each and every three months thereafter, in each and every year during her natural life.
By the residuary clause he gives, bequeaths, and devises all the rest, residue, and remainder of his estate in trust, and directs the trustees to take possession of and to stand possessed thereof during the continuance of the trusts, and to pay therefrom the annuity to his widow and all taxes, assessments, and expenses for repairs and insurance on the homestead estate, and provides that when the period of three years next after his decease has expired, that the trusts as to the residue and remainder of the estate shall cease, and the trustees or trustee for the time being shall stand seized and possessed of all said trust estate, "in trust, to pay over, transfer and convey the same, subject to the payment of the annuity aforesaid given to my said wife, as follows, viz.: One sixth part to each of my children, namely, . . . . for the sole use of them respectively and their respective heirs, executors, administrators and assigns."
The bill sets forth that Emeline M. Barstow, the widow of the testator, is still living, and occupies the homestead estate referred to, and that the period of three years next after the decease of the testator expired September 5, 1897.
We think the intent of the testator that his widow should not only receive the annuity but should occupy the homestead during her life without being required to pay taxes, assessments for repairs, insurance, or otherwise, is sufficiently manifest to be controlling, notwithstanding the omission to provide for the continued payment of the taxes, c., in connection with the clause "subject to the payment of the annuity aforesaid given to my said wife." A similar question was considered by the court inFisher, Petitioner,