52 A. 870 | N.H. | 1902
1. By designating "the net income" of his estate as the fund from which the yearly payments to his son and daughter were to be made and the means for the education of his grandchildren provided, the testator evidently contemplated that the payment of the current expenses of administering the trust, like taxes, insurance, and repairs, should come out of the gross income; and the trustees are advised to act accordingly. Payments on account of the services and expenses of the trustees constitute a general charge upon the whole estate, and should be so treated. Bridge v. Bridge,
2. The reading of the testator's will (
3. This inquiry is answered affirmatively. There is no rule of law requiring that the education of the grandchildren stop upon their arrival at the age of twenty-one years, nor is there any such intention to be gathered from the will. On the contrary, the trustees are specifically empowered to pay money to the grandchildren more than twenty-one years of age whenever their wants and necessities require it. Will, cl. 8, s. 5. It would seem to be clear that educational wants and necessities are not excluded, and especially in view of the testator's expression of his hope "that said children, each and all, will avail themselves of the opportunity to acquire a good education." Ib., cl. 3.
4. Further consideration of this inquiry is rendered unnecessary by the answer to the second request.
5. We are of opinion that the trustees may not safely make payments from the general estate to a grandchild, with his consent or that of his guardian, for his wants and necessities, educational or otherwise, and charge the same as an advancement to be accounted for out of his final distributive share. The share of a *246 grandchild does not vest until the youngest of the grandchildren arrives at the age of twenty-one years (Edgerly v. Barker, supra); and if one of them dies before the attainment of that age, his representatives take his share (Ib., 447, 448, 449, et. seq.) and might not be bound by any advancement made to him. Nor does there appear to be any occasion for advancements (Will, cl. 8, s. 5); and, furthermore, it was the undoubted purpose of the testator to prevent the grandchildren from selling, incumbering, or squandering their shares before they should come into their absolute possession. Edgerly v. Barker, supra, 447, 448.
6. It being the declared intention of the testator that his son should be provided with a suitable dwelling-house for and during life, "free of all expense to him" (Second Codicil, ss. 1, 6), and the trustees being of the opinion that the house now occupied by him "is not sufficient or appropriate for the needs and accommodation of himself and his family," and that "repairs and additions thereto are necessary," we think that they may not only make such repairs from the general funds of the estate, but that, in the exercise of the broad discretion with which the testator has endowed them, they may also make such additions, betterments, and improvements as they deem necessary to render the buildings reasonably suitable under all the circumstances for the occupation of the son and his family, provided, that the value of the premises shall not thereby exceed $5,000, — the sum to which the trustees are limited by the will in purchasing or building a new residence the son at his election. Second Codicil, cl. 1.
7. The question whether payments out of the principal of the estate may be made to Charles B. Barker for his wants and necessities is not a matter of doubt as to which the advice or direction of the court may properly be required (Will, cl. 8, s. 5); and, moreover, it has already been incidentally, but sufficiently, considered in the answer to the third request.
Case discharged.
All concurred. *247