Brown v. CoxsonBrown v. Coxson
The bill in this cause was filed by Elizabeth H. Brown, claiming to be the nearest kin and heir-at-law of Frank Elkinton, and seeking to have declared void the third and fifth paragraphs of his will. In her bill, she named Harold Paul Coxson, the executor of the will, as the only defendant. By the answer and counter-claim filed by the defendant, it is denied that the complainant is the nearest of kin, and it is alleged that the decedent was survived by numerous relatives, an uncle, and cousins of various degrees of relationship, both of the whole and half-blood, and other heirs-at-law and next of kin, many of whom are named in the answer, and all of whom appear to have been brought in as parties in this cause.
The purpose of the bill and the answer and counter-claim of the defendant, and the answers of such defendants who have appeared and answered, is to obtain a construction of the terms of the will.
The will is dated August 10th, 1932, and has been admitted to probate, and after directing payments of debts and funeral expenses, provides as follows:
“Second: To all my known living relatives I leave the sum of one dollar each.
Third: The balance of my Estate, both real and personal, I wish to have placed in a Trust Fund the interest on which shall be used at the sole discretion of Trustee for charitable purposes.
Fourth: I appoint Dr. Harold Paul Coxson of Stratford, New Jersey as the Trustee of the above named Trust Fund.
Fifth: At the expiration of ten years the Trustee may use the principal of this Trust Fund for whatever purpose he may deem it necessary.
Sixth: I appoint Dr. Harold Paul Coxson as my sole Executor without Bond.”
The third and fifth paragraphs of the will are sought to be construed; as to the third paragraph, whether a valid charitable trust is created, and whether by the fifth paragraph of the will, any trust whatever was created, or whether the residue of the estate was by said paragraph given absolutely to Harold Paul Coxson named as executor and trustee, or whether there was an intestacy as to both the third and fifth paragraphs, or as to the latter one. The testator was sixty years of age when he died; his wife had shortly before predeceased him, and his brother Charles had also predeceased him. A large part of decedent‘s estate was inherited from this brother. At the time of his death he had no relatives nearer than a first cousin, and there was no proof made at the hearing by which the court could determine just how many relatives would be entitled to participate in his estate if he had died intestate; there were named as defendants, approximately one hundred and sixty persons who might be interested in the estate.
Dr. Harold Paul Coxson, the defendant, and the executor named in the will, was the testator‘s family physician for some time before testator died, and it would appear that testator reposed confidence in his judgment and honesty because of the discretion given him as trustee by the will, as well as the reference to his serving as executor without bond. The will was typewritten on two sheets of paper, letterheads of the testator. There was no testimony to show by whom the will was written and it was apparently not drafted by a lawyer or anyone experienced in the drafting of wills; it is possible that the will was prepared by the testator and typewritten by someone else for him.
It cannot be seriously argued that the language contained in the third paragraph of the will is so indefinite and uncertain as to invalidate the same. This paragraph provides for the residue of the estate to be placed in a trust fund, and directs that the interest should be used at the sole discretion of the trustee for charitable purposes. Undoubtedly this paragraph of the will creates a valid trust of the income, at least for a period of ten years, which income is directed to be used
The fifth paragraph of the will, in my opinion, must be read in conjunction with the second, third and fourth paragraphs. It is quite obvious from the second paragraph that testator‘s purpose was to give to his known living relatives only the sum of $1 each, and he probably had in mind the erroneous idea which is sometimes prominent in the minds of persons not familiar with the law relating to wills, that it is necessary to make at least a nominal bequest to relatives when it is the purpose to bequeath the estate to others than such relatives.
In construing a will, the presumption of law is against intestacy, and all doubtful questions should be resolved in favor of the validity and operative effect of the will and against intestacy or partial intestacy. Yawger‘s Executor v. Yawger, 37 N.J. Eq. 216; Carter v. Gray, 58 N.J. Eq. 411; Bruce v. Bruce, 90 N.J. Eq. 573; reversing, Ibid. 118.
It would seem, therefore, that the testator had no thought in mind that his estate should go to his relatives.
The language of the fifth paragraph of the will rather opposes the view that he intended that after ten years Dr. Coxson personally should become the absolute legatee and devisee of the residuary estate, even though that paragraph giving him power to use the principal of the trust fund for whatever purpose he may deem it necessary, might, standing alone, be so construed; but when the fifth paragraph is read in conjunction with the third paragraph, as I think it must be, in order to arrive at the intention of the testator, it seems clear to me that testator had in mind that Dr. Coxson was to
Certainly, if the testator had intended that Dr. Coxson should personally and individually take the balance of his estate after this ten-year period, he would not have referred to him in this paragraph as “the trustee” in making such a gift.
Reaching these conclusions, it is unnecessary for me to determine who are the next of kin and heirs-at-law of decedent.
The decree will be in accordance with these conclusions.