181 Mass. 513 | Mass. | 1902
The sole question is what interest did Samuel Salisbury have in the trust fund created by the fifth clause of the will. It is contended by the representatives of his estate that he had the complete beneficial interest in the fund, and that the various provisions as to the trust merely limit his use and enjoyment of it during his life; while on the other hand the executors of the will of Daniel W. Salisbury, the residuary legatee, contend that the interest was simply an equitable life estate.
We are brought to the consideration of this question without any knowledge respecting the situation at the time the will was made, and hence our decision must be based substantially upon such things as appear upon the face of the will and codicil, and
Reading the clause in question in connection with its position in the will and in the light of the whole will, including the fact that there is no specific bequest over of the fund remaining at the death of Samuel, we think that the most natural interpretation of it is that the $1,000 was set apart to be held upon a general trust for Samuel; that he was the sole equitable owner of the fund, and that the directions to the trustee were for the management of the trust during the lifetime of the beneficiary. It follows that the fund goes to the representative of his estate. See Fay v. Phipps, 10 Met. 341.
So ordered.