33 Conn. 281 | Conn. | 1866
It is now more than two hundred years since the rule was adopted by English jurists from' the civil law, that where a legacy is given to a person “as,” “if,” “when,” or “ provided ” lie arrives at a certain age, or “ at ” that time, and there is no other controlling evidence of intention, the legacy is contingent, and where it is given generally and
But in respect to the residuary legacy we have come to a different conclusion.
The residuary bequest is not contingent in terms. It is a bequest of the remaining arms company stock, to the “ persons and parties ” to whom shares of that stock had therein-before been given, to “ be shared by the same persons to whom I have given specified legacies in stock and in precisely the same ratable proportions.” That language gives a rule of division and nothing more. Doubtless it reaches to the quantum of interest, or estate in the shares, as well as the number of shares, because a divided interest in the same shares had previously been given to some of the “ persons and parties ” referred to, and they must share, according to the interest or estate given, with those having the remaining interest in the same shares. But it is none the less a simple rule of division. It has no reference to any conditions or contingencies attached to the previous bequests. The whole scope and import of the residuary clause, as a clear and unambiguous bequest, is answered, and fully and completely answered, when the residuary shares are divided to and vested absolutely in the persons and parties to whom shares of stock had been given., according to the interest of each therein. Standing by itself then it is not susceptible of any construction reaching beyond the number of shares and quantity of interest in them as thereinbefore given, without adding to its plain, clear and natural import; and can not be strained even so as to import an intention that the legacies it gives, or any of them, should be taken conditionally or contingently.
Where else then do we find such an intention expressed. If we- turn to the body of the will we find nothing to indicate it. It has been urged in argument that the body of the will is the measure of the testator’s bounty towards his legatees, and that he desires that measure strictly and in all respects to be applied to the residuum. The body of the will is the meas
On the whole we are satisfied that there is nothing in the body of the will or the residuary clause which will warrant the application of the condition attached to the first legacy to the second, so as to make the latter contingent, and that the superior court should be advised to render judgment for the plaintiff for the dividends accrued on his shares of the residuary stock.
. In this opinion the other judges concurred.