183 Mo. 137 | Mo. | 1904
This is a suit in equity by the trustee under the will of John T. Dozier, deceased, asking the chancellor to construe said will, and to advise him as to his duty as such trustee, with respect to the interest, under the will, of Adrien DeBow Dozier, deceased.
The case made is this:
On June 29, 1888, John T. Dozier died testate. His will is as follows:
“The last will and testament of John T. Dozier, of the city of St. Louis, witnesseth:
“For the disposition of such property as I may own at the time of my death, I, John T. Dozier, do make and publish, as and for my last will and testament, the following :
“First. My debts are to be first paid, including my funeral expenses, and the costs of administration.
“Second. To my mother, Mary A. Dozier, I devise the property situated on the north side of School street, in the city of St. Louis, known as the Rucker Place,_to be held and enjoyed by her for and during the remainder of her natural life, and at her death said property to pass in fee simple, under the seventh provision of. this will, to the persons therein' named or their descendants.
“Third. To my brother, Lewis D. Dozier, I bequeath thirty shares of the capital stock held by me of the capital stock of the Dozier-Weyl Cracker Company,*140 to be held by him in trust, however, for the sole use and benefit of my brother, James H. Dozier, for and during his natural life, to whom he shall pay the dividends declared in favor of and paid on said stock from time to time, with full power in said Lewis D. or his successor in this trust, to sell said shares at his direction, and the proceeds thereof to reinvest in other property, and again to sell and reinvest without limit, and at the death of said J ames H. I direct that said shares, or the proceeds thereof, or if sold and the proceeds reinvested, that such investment, pass as directed and provided by the seventh provision of this will to the persons therein named or their descendants.
“Fourth. To my brother, Lewis D. Dozier, I devise the following real estate, viz: The undivided one-half interest which I own in the lot of ground, of which he owns the other half, situated on the south side of School street, in the city of St. Louis, containing forty feet in front and known as the Woodridge lot. I also give and bequeath to him the following personal property, viz: All the capital stock held by me, or to which I have any right or claim, in G-oelitz Brothers’ Candy Company. All my interest in the horses and .other live stock, carriages and other articles, harness and robes, by him and me jointly owned. Also all the interest and right which I may have in the furniture, fixtures, pictures and other household effects at the homestead, No. 3128 School street, in said city; also my gold watch and chain and diamond stud.
“Fifth. To Benj. A. Dozier, Adrien Dozier, James H. Dozier, Helen Dozier, Rowena Schaeffer and J. W. Stone, I give and bequeath respectively all the notes and obligations held by me against them, and direct all such claims and all due me from them or from either of them on open account to .stand released and fully discharged. And to my sisters, Rowena Mason and Elvira H. Stone, I give, respectively, the amount still due or coming due to me from my father’s estate,*141 amounting to about the sum of six hundred dollars, from the two, and direct that they stand discharged from the obligation to make good to me that amount found coming to me on final settlement of said estate in the probate court of said city.
“Sixth. To my brother, Lewis D. Dozier, I give and bequeath all the shares of the capital stock held by me in the Dozier-Wéyl Cracker Company, except those bequeathed by the third provision of this will, to be held by him in trust, however, for the sole and separate use and benefit of the persons named in the seventh provision of this will and in the proportions therein provided, to whom he shall pay the dividends declared in favor of and collected on said shares according to their respective interests, from time to time, with full power in said trustee to sell said shares of stock at his proper discretion and the proceeds thereof to reinvest in other property, and again to sell and reinvest without limit. And at the death of any one of the beneficiaries, his or her descendants shall be entitled to their interest in said shares or their proceeds, or in the property in which said proceeds may in the meantime have been reinvested, divested of this trust.
“Seventh. After the foregoing devises and bequests have been fully satisfied, I give, devise and bequeath, all the rest and residue of my estate, real, personal and mixed, as follows:
“One equal part to my brother, Francis M. Dozier; one equal part to my brother, Lewis D. Dozier; one equal part to my sister, Elvira H. Stone; one equal part to 'my sister Rowena Mason; one equal part to my sister Margaret Adeline Dozier; one equal part to the children of my brother for whom I make special provision in the third clause of this will, named Adrien DeBow Dozier and Daisy Dozier; and one equal part to the •children of my deceased sister, Priscilla Ellen Schaef-fer Lynn, named Rowena Schaeffer, Mattie Willis,, born Mattie Lynn, and Lewis Lynn, and it is my intention*142 to have the persons herein named to share in the trust property referred to in the preceding provision of this will in the same proportions in which they take under this provision.
“Eighth. I name hy brother, Lewis D. Dozier, to he the sole executor of this, my last will and testament, and request that letters testamentary he granted to him without bond.
“Made at the city of St. Louis on the twenty-eighth day of January, A. D. 1885.
“John T. Dozier. .(Seal.)”
Lewis D. Doziér qualified as executor and finally administered upon said estate, and has ever since been acting as trustee under said will. As such trustee he has changed the character of some of the trust property, principally hy selling the stock of the Dozier-Weyl Cracker Company, and reinvesting the proceeds in the bonds of the American Biscuit and Manufacturing Company, and the stock of the National Cracker Company, all of which was done with the consent of all the beneficiaries, living at the time.
Heretofore, on June 2, 1893, Margaret Adeline Dozier, one of the beneficiaries named in the seventh clause of the will, died, testate. By her will she attempted to dispose of her share of the property. The trustee, Lewis D. Dozier, being in doubt under the will as to her power to dispose of such interest, and as to his duty in making distribution of the profits and dividends arising from the trust fund, instituted a suit in equity asking the court to construe the will and to advise him as to his duty. He made all the defendants in this suit parties to that suit, except Jascal W. Stone, Laura Monroe Dozier and John Dozier Crittenden. The appellant herein, Laura Monroe Dozier, was at that time.the wife of Adrien DeBow Dozier./ Her husband was then living, and she was made a party defendant herein, because she claims dower in the interest that her
The particular point involved in that action was whether the persons named in the seventh clause of the will took a fee simple or only a life estate in the property. The chancellor, Hon. Leroy B. Yalliant, construed the will to mean that they took only a life estate and at their death, their share passed to their descendants, discharged of the trust, and that the term “descendants” meant, children, grandchildren, etc., in a straight line; Hence the chancellor advised that as Margaret Adeline Dozier took only a life estate and as she died without such descendants, her share passed to the other persons named in the seventh clause of the will, and that she had no power to dispose of it by her last will. All the parties to that suit acquiesced in that judgment, and Adrien DeBow Dozier and Daisy Dozier, received their proportionate part of the share of Margaret Adeline Dozier, under that interpretation of the will.
Thereafter, on the sixteenth of November, 1893, said Adrien DeBow Dozier died intestate and without issue, leaving his widow, Laura Monroe Dozier, and as. his next of kin his sister, Daisy Dozier Collins.
The trustee seems to have proceeded in the administration of the trust estate according to the said advice of the court, until this controversy arose. Now, Laura Monroe Dozier, the widow of Adrien DeBow Dozier,, claims that she is entitled to dower in the share that her said husband had in the trust property, and Daisy Dozier Collins claims that she is entitled, by survivorship, to the interest that her brother had in the trust property. The other heirs claim that both claims are untenable. The trustee, not knowing what to do, and being desirous of not having to pay the profits ■ and dividends twice, or of turning over the share, of Adrien DeBow Dozier to the wrong persons, instituted this suit, again asking the advice of the chan
I.
The sole question arising upon this record is; did the beneficiaries named in the seventh clause of the will take a fee-simple or only a life estate in the trust property. For unless Adrien DeBow Dozier, or the trustee to his use, became seized of an estate of inheritance, in the property, his widow, the appellant, is not entitled to dower, under section 2933, Revised Statutes 1899. If Adrien DeBow Dozier took only a life estate in the property, of course, his widow would not be entitled to dower.
The contention of the widow is that her husband took a fee simple. The gravamen of her argument is that in the second and third clauses of the will the testator carved out particular estates, and expressly declared them to be life estates and that at the termination thereof the property embraced therein should fall into the residuum of the estate and pass under the seventh clause of his will. Whereas under the sixth clause he carved out an estate which he declared should be for the sole and separate use and benefit of certain
The ease is thus stated as strongly in favor of the appellant’s theory as it can be stated, and if all the devises were otherwise similar in words and effect, the appellant’s argument would amount almost to a demonstration. But while it is true, as claimed, that clauses two and three expressly limit the estates of the de-visees therein named to the life of the devisees, and direct that the “fee” as it is designated in clause two, and the “property,” “proceeds” or “investment” as it is called in clause three, shall pass after the termination of the life estate, to the persons named in the seventh clause of the will, these are not the only differ-
It is now the settled law in this State that wills must be read from their four comers, and the intention of the testator must be ascertained from a consideration of the whole instrument. The intention*to create a life estate is, of course, best expressed by direct words to that effect, but that intention may be manifested by words which lead to that conclusion, but which nowhere use the term “life estate.” It is the duty of the court to put itself as far as practicable in the place of the testator, and to read the will in the lights that appeared to him. [Cross v. Hoch, 149 Mo. 325; Sehr v. Lindemann, 153 Mo. 276; Simmons v. Cabanne, 177 Mo. 336.]
An analysis of the will shows the scheme of the testator to be this: The persons who appealed to his bounty were, his mother, his brother James H. Dozier, his brother Louis D. Dozier, his brother Francis M. Dozier, his sister Elvira H. Stone, his sister Rowena Mason, his sister Margaret Adeline Dozier, his nephew Adrien De Bow Dozier, and his niece Daisy Dozier, and the children of his deceased sister Priscilla Ellen Schaef-fer Lynn.
It is apparent that he did not intend to put them all upon an equal footing, nor did he repose equal confidence in them all in respect to their ability to manage what he devised them. Therefore he made the following provisions for them: He gave to his mother direct the property on the north side of School street, known as the Rucker Place, but he limited her estate to a life estate, and limited the fee to his brothers and sisters or their children. Here the devise was realty and he was content to let her manage it during her life. Then he made provision for his brother James H. Dozier. But he was unwilling that he should manage it, possibly because it was personalty and' might be wasted. So he gave thirty shares of his stock in the Dozier-Weyl
It is'apparent that the testator did not give the control and management of the several devises to the several devisees themselves, but that he seemed to have confidence only that his mother and his brother Lewis
Then he directed that the residuum of his estate, real, personal and mixed (which, so far as appears by the will, consisted of the remainder in the lot in which his mother was given a life estate and the thirty shares of stock which he set aside as a means of supporting his brother James during his life), should be divided into seven equal parts and be given absolutely to his other brothers and sisters and their children.
It appears that the bulk of his estate consisted of stock in the Dozier-Weyl Cracker Company, and that the trustee has sold that and reinvested the proceeds in other stocks and bonds of the value of about two hundred thousand dollars.
Thus while express life estates are carved out of the lot of real estate for his mother and of the thirty shares for his brother James, with remainder in fee to his other brothers and sisters and their children, and while an absolute fee is given to his brother Lewis in other real estate and personalty, the bulk of his estate is placed in the hands of a trustee, with unlimited powers of sale and reinvestment, and the trustee is directed to pay the “dividends declared in favor of and
To hold that the beneficiary took a fee, as claimed by appellant, it would be necessary to strike out of clause six the provision that upon the death of any beneficiary his- share should go to- his descendant divested of the trust. For such a construction would make that provision absolutely meaningless.
The conclusion is irresistible that under clause six the first takers took only a life estate, or, more correctly expressed, a right to’ the dividends collected during their lives, in the stock or its reinvestments, and that at the death of any beneficiary, the proportionate part of the stock represented by the interest in the dividends which the first taker was entitled to, passed to his or her descendants, meaning children or grandchildren in the direct line, absolutely discharged of the trust, and if there were no such descendants living at the death of any beneficiary, such proportion of such stock would fall into the residuum of the .estate and pass absolutely under the seventh clause of the will to the testator’s brothers and sisters and their children, in equal proportions as therein provided.
This construction of clause six is made clear by the provisions of clause seven, wherein the residuum of the estate is given directly, absolutely and immediately to the same persons to whom clause six only gives a
Adrien DeBow Dozier was entitled to receive during his life from Lewis D. Dozier, the trustee, one-seventh of the dividends collected on the stock described in the sixth clause of the will. When he died without descendants, this one-seventh of such stock fell into the residuum of the estate and must he administered as therein provided for. In as much as Adrien DeBow Dozier was not seized of an estate of inheritance in the stock during his life, his widow is not entitled to dower therein. The judgment of the circuit court is right and it is affirmed.