89 Mich. 428 | Mich. | 1891
Lead Opinion
The bill is filed to remove a cloud upon title, and to obtain a construction of a will, which is quite fully set out in the opinion of my Brother Morse.
But two questions are involved, and they relate to the construction to be given to the third and eighth clauses of the will:
Second. If it did vest under the third clause, was it subject to be divested under the eighth clause, in case of the death of either of the devisees before the termination of the precedent estate devised to the widow?
The answer to these questions must depend upon the intention of the testator, either as expressed or inferred or assumed, in accordance with the well-established canons of construction. The fundamental rule of construction is that the intention of the testator must be gathered from a consideration of the whole instrument together, giving to each part or clause due weight, as expressing some idea of the testator in the disposition of his property. The first and dominant idea of the testator, as manifested in this will, is that his wife, Clotilde, shall have a life-estate in possession of all of his property, real and personal, with remainder over to his children, as therein set forth. The time of enjoyment of the remainder was postponed until the death of his wife. Section 5523 of Howell’s Statutes enacts that—
“Estates, as respects the time of their enjoyment, are divided into estates in possession and estates in expectancy.”
Section 5525 enacts that—
“Estates in expectancy are divided into—
“1. Estates commencing at a future day, denominated ‘future estates;’ and
“2. Keversions.”
Section 5526 defines a “future estate” as—
“An estate limited to commence in possession at a future day, either without the intervention of a precedent estate, or on the determination, by lapse of time or otherwise, of a precedent estate created at the same time.”
“When a future estate is dependent upon a precedent estate, it may be termed a ‘remainder,’ and may be created and transferred by that name.”
We have here, then, under the third clause of this will, a vested future estate, within the very terms of the statute, devised to Sarah, Emily, and Eleanor.
The question now arises,'was it the intention of the testator to make this vested future estate subject to be defeated by the contingency- mentioned' in the eighth clause? In the first place, it will be noticed that the habendum clause does 'not devise the estate absolutely to Sarah, Emily, and Eleanor, and their heirs and assigns forever, unqualifiedly, but adds this significant qualification: “After the determination of the life-estate aforesaid.” He made no such qualification in the habendum to his devise to Josephine, nor in the habendum to his two sons, in the fifth clause. After disposing of the remainder to certain of his children named, excluding Margaret, the daughter of' his deceased son, Charles, he then makes such remainder subject to the following contingency:
“And whereas, one or more of my said children may not survive me or my said wife, I hereby order, direct, and devise the share of such devisee or devisees in such case to be equally divided amongst the remaining children herein named, and to their • heirs, share and share alike.”
It is claimed that this clause is obscure, and open to two constructions. I do not so regard it. The testator was looking to the future. The question with him was, what provisions should be made with reference to these remainders in case either of his children named to whom he had devised the lands in remainder should die before he did, or before his wife, to whom he had granted the life-estate in possession? If such con
Neither can I construe the language to mean that “ my said wife may not survive me.” This construction destroys the whole scheme of the will. The will can have no force unless there be an intermediate estate in his widow, and the legacies would all lapse. He did not intend that any of his property should be administered as intestate property. He disposed of the whole, and yet, to give this clause the construction contended for by the counsel for defendants, causes these shares
The remainder to his children was 'subject to the limitation of the eighth- clause. The devise to his children created a vested estate, subject to be defeated by the subsequent contingency stated in the eighth clause. As to the shares of any child or children dying before the death of Clotilde, they became a contingent remainder to the surviving children, and the heirs of any deceased child, at the termination of the precedent estate of Clotilde. ' As to such the precedent estates in remainder terminated on the 'death of such child, and a contingent remainder was created in the surviving children and the heirs of any deceased child. Such contingent remainder could not vest until the death of Clotilde, for u,ntil then it could not be known who would be entitled to it as heirs or survivors. In the language of the statute, it was contingent while the person to whom it was limited to take effect remained uncertain.
By the statute, contingent estates are made to depend upon two conditions, — one is while the person to whom the estate is given remains uncertain, and the other when the event upon which such estates are limited to take effect remains uncertain. In this case the event upon which they are limited to take effect must be uncertain, for the reason that one or more of the children, if the contingency happened, must die before his wife, Clotilde, - — events which must happen, if at all, within a certain time; and it is the event, and not the time, that controls in determining the question as to whether the remainder is contingent or vested. But they are contingent also while the person to whom they are limited to take effect remains uncertain, and that is the contin
A vested estate, whether present or future, may be absolutely or defeasibly vested. In the latter case, it is said to be vested, subject to being divested on the happening of a contingency subsequent. Chapl. Suspen. § 57; Manice v. Manice, 43 N. Y. 303; Howell v. Mills, 7 Lans. 193; Kelso v. Lorillard, 85 N. Y. 177; Baker v. McLeod’s Estate, 79 Wis. 534 (48 N. W. Rep. 657); Burnham v. Burnham, Id. 557 (48 N. W. Rep. 661), And where there is a substituted [devise, to take effect in case any of the class die during the precedent estate, the remainder is then vested in the .existing members, subject to open to let in new members, and to be wholly divested in favor of the substituted devisee as.to the share of the member dying. Chapl. Suspen. § 59; Smith v. Scholtz, 68 N. Y. 41; Baker v. Lorillard, 4 Id. 257; Du Bois v. Ray, 35 Id. 162. In Carmichael v. Carmichael, 1 Abb. N. Y. App. 309, there was a devise to the testator’s wife for life, and from and after her decease to the testator’s children who might then be living. The court held that “the estate does not vest in remainder until her [the widow’s] death, and then it vests only in those children who shall be living at the time of her death.” See, also, Hennessy v. Patterson, 85 N. Y. 91.
It remains to be considered what effect shall be given to the mortgages executed by Emily upon the property described in the third clause of the will. These were executed after Eleanor’s death, and purported to be upon the
Section 5551, How. Stat., provides that “expectant ■estates are descendible, devisable, and alienable in the same manner as estates in possession.” Contingent estates, although not vested, are within the provisions -of the section; but when alienated, if they are defeasible, they are subject to the contingency by which they may be'defeated. Emily’s estate was subject to be defeated by her death before that of her mother, by which the1 ■estate then vested in her was cast upon her surviving brother and sisters, share and share alike; and of this .the purchaser or mortgagee must take notice. She could not defeat the remainder-from vesting in her brother and sisters upon the contingency of her death before she was ■entitled to come into the possession, for the statute, (How. Stat. § 5548) declares that—
“No expectant estate can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent estate, nor by any destruction of such precedent estate by disseisin, forfeiture, surrender, merger, or otherwise.”
Neither can these expectant estates of her brother and
“Second. I give, grant, and devise all and every my interest, right, and estate, after the payment of said debts and expenses aforesaid, whether real or personal, and whether present or in remainder (being chiefly my interest and estate in the personal property and real estate left by my deceased father, Francis TEtourneau, by his last will), to my sisters, Emily, Sarah, and Eleanor TEtourneau, and to my sister, Josephine Paquette, and my brother, the Rev. Louis J. TEtourneau, equally, to be divided between them, share and share alike; subject, nevertheless, to and under the limitation hereinafter mentioned:
“1. In case of the death of my said sister, Mrs. Josephine Paquette, and of the heirs of her body, before said estate so left by my father in remainder shall become vested, I direct that her share shall descend, and hereby devise her share of said estate, to my surviving brother and sisters equally, to be divided amongst such survivors, share and share alike.
“ 2. In case of the death of either of my said sisters or brother before said estate so as aforesaid devised by me shall become vested in them, I direct and devise that the share of said deceased sister or brother go to the survivor or survivors equally, to be divided share and share alike.”
It is apparent that he did not regard the remainder left by his father as yet having vested in him, and it
In my opinion, the mortgagees have no claim upon Emily’s share, which by the eighth clause passed to 'the surviving brother and sisters. Whether the eighth clause constituted a contingent remainder or not. in such as should take under it, it can make no difference in the result in this case, because Emily having died without, heirs, before the death of her mother, her interests and. estate, whether vested or contingent, were defeated, and', passed to the surviving children, and the heirs of any-deceased children, who upon Clotilde’s death becameseised in fee of the remainder, and entitled to the immediate possession of the lands devised.
It is my opinion that the decree of the circuit court is erroneous, and should be reversed, and a decree entered herein in accordance with these views.
Dissenting Opinion
(dissenting). Francis FEtourneau died August 26, 1860, leaving a last will and testament. After providing that his debts, funeral and other proper expenses be paid out of his personal property, he devised his estate as follows:
“Second. I give, grant, devise, and bequeath unto my beloved wife, Clotilde FEtourneau, as a testimony of my great love for and confidence in her, for and during her natural life, all and every my real estate, which is hereinafter more particularly described in the devises following, and all that I may be seised of or possess at my decease, and all and every my personal estate, whether in money, goods, chattels, bonds, obligations, or choses in action; to have and to hold the said real estate and its appurtenances to her, the said Clotilde FEtourneau, for and during the full- term of her natural life, with remainder, over as hereinafter set forth; the said personal property to be under her absolute control, to sell and dispose of as she may deem fit or desire; and I desire and request my beloved wife, so far as may be in her power, to keep our children and family together as heretofore.
“Third. After the determination of the aforesaid life-estate of my wife, Clotilde, I give, grant, and devise -unto my daughters, Emily, Sarah, and Eleanor FEtourneau, all that certain tract and parcel of land situate, lying, and being in the city of Detroit, in the.State of Michigan, known as the ‘Western Hotel Property/ and described as follows, to wit: Lots twenty-one and twenty-two, in block five, fronting on Woodbridge street, on the Cass front, reference being had to the recorded plat thereof, surveyed by John Mullet; together with all and singular the hereditaments and appurtenances, rents, issues, and profits thereof; to have and to hold the same to the said Sarah, Emily, and Eleanor, their heirs and assigns, forever, after the determination of the life-estate aforesaid.
“Fourth. After the determination of'the life-estate of my wife, Clotilde, as aforesaid, I give, grant, and devise unto my married daughter, Josephine Paquette, all that certain piece and parcel of land situate, lying,*441 and being in the county of Macomb and State of Michigan, lying on the river Clinton, and bounded as follows: In front by the said river; on the east by lands formerly belonging to Etienne Dulac and Joseph Campau; on the south-west by lands formerly belonging to Batist Peltier; and on the rear by lands formerly belonging to Batist Thomas, Jr.; and containing seventy-two and a half acres, more or less, — the same being a part of the tract granted by the United States by patent dated 7th October, A. D. 1811, to Louis Petet, and by said Louis Petet and wife conveyed to me; together ■with all and singular the hereditaments and appurtenances thereunto belonging; to have and to hold the same to the said Josephine Paquette, and to the heirs of her body begotten, with remainder over to her or their heirs.
“Fifth. After the determination of the aforesaid life-estate devised to my wife, Clotilde, I give, grant, and devise unto my sons, the Keverend Louis Job l’Etourneau and Timothy E. l’Etourneau, all and every those tracts and parcels of land hereinafter described, viz.: My present homestead, situate and being in the village of Mt. Clemens, in- Macomb county and State of Michigan, being lots in James Williams’ addition to said village, and numbered, according to a survey and plat thereof by J. Wesalowski, as Nos. three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, and twenty-four, being the same conveyed by James Williams and wife to me; and also those lots in the city of Detroit (formerly in the town of Hamtramck, in the county of Wayne, Michigan) known and described as lots numbers thirteen and fourteen, in block number seven, in the subdivision of the ‘Witherell Farm,’ so ■called, or private claim number ninety, according to the survey and plat thereof made by A. E. Hattion, and duly recorded; together with all and singular the hereditaments and appurtenances thereunto belonging; to have and to hold the same unto the said Eev. Louis J. l’Etourneau and the said Timothy E. l’Etourneau, their heirs and assigns forever.
“Sixth. After the death of my beloved wife, I give, grant, and bequeath unto-each and every of my children above mentioned, and to their heirs and assigns, all my*442 personal property and estate, if any there be then remaining, equally to be divided amongst them, share and share alike; and for the amicable arrangement of the said division, without expense, I give and grant unto my surviving executor, or such person as may be properly appointed to complete the trusts of this will, full power and authority to sell and dispose of the same for the best price, and to divide the proceeds amongst my said children, or their heirs, equally as aforesaid, unless they, shall agree amongst themselves to such division.
“Seventh. I do here remember " my granddaughter, Margaret, the child of my late son, Charles R. FEtourneau, and believing that in his life-time I had given to her father, of whom she is sole heir, his full share of my worldly effects, I hereby bequeath to the said Margaret, if she shall survive me, the sum of ten dollars, to be paid to her by my executors out of my personal estate.
“Eighth. And whereas, one or more of my said children may not survive me or my said wife, I hereby order, direct, and devise the share of such devisee or deviseesin such case to be equally divided amongst the remaining children herein named, and to their heirs, share and share alike.”
His wife and his son Louis were made executors, with full power to the survivor of them.
There survived the said Francis FEtourneau, his wife, Clotilde FEtourneau, and the following children named in said will: Louis J. FEtourneau, Timothy E. FEtourneau, Emily, Eleanor, and Sarah FEtourneau, and Josephine Paquette. On the 5th of February, 1861, Timothy E., one of the sons and devisees named, died at. Mt. Clemens, testate.. On the 13th day of May, 1862, Eleanor, one of the daughters and devisees named, died at Mt. Clemens, intestate, unmarried, and without issue. The daughter Emily married the defendant August Henquenet, and died testate, at Mt. Clemens, on the 15th day of October, 1887. John Otto was appointed administrator of her estate with the will annexed. At the death of Mrs. Clotilde FEtourneau, on the 29th day of' August, 1888, there survived of the children and devisee»
The complainants, Louis J. P. FEtourneau and Sarah FEtourneau, by her guardian, filed this bill of complaint in the circuit court for the county of Wayne, in chancery, December 6, 1888, praying that the court might determine their interests in the property mentioned in the third clause of the will, known as the “Western Hotel Property,” and described as lots numbers 21 and 22, in block 3, facing on Woodbridge street, on the Cass front, reference being had to the recorded plat thereof,, surveyed by John Mullet. August Henquenet is made a defendant because he claims a life-estate in five-twelfths of the premises under the will of his wife, Emily. Francis J. de Broux is the holder of a mortgage upon five-twelfths of the property, executed February 3, 1872, by Emily Henquenet and her husband to William C. Groesbeck for $2,000, and assigned by him to Charles Eyckeert, January 4, 1881, and by Eycksert to De Broux, July 16,-1888. January 15, 1885, Emily Henquenet executed another mortgage on five-twelfths of the same premises for $5,000 to De Broux. This was assigned July 8, 1885, to Joseph F. de Poorter, who subsequently died testate. Defendant Duchaineau is executor of his will, and the Congregation des Freres de la Oharite, a foreign corporation,' claims under the will of De Poorter an interest in this mortgage. At the time of the filing of this bill the mortgage had been foreclosed by advertisement, and bid in by De Broux. Josephine Paquette, a daughter of Francis FEtourneau, after the death of
The complainants claim that, under the eighth clause of the will, Eleanor and Emily, who died before their mother, never had any vested interest in this property, and that one-third of it at the mother's decease became vested in Sarah, and the other two-thirds in equal shares in Louis, Sarah, and Josephine, dividing the title as follows: Five-ninths in Sarah, and two-ninths each in Louis and Josephine. Josephine seems now to be interested in this construction of the will, although, in the disposition of the property willed to her, she has heretofore, as have all the family, acted upon the supposition that the contention of the defendants was the correct one in the interpretation of her father's will. The defendants' contention is that, upon the death of Francis l'Etourneau, Emily, Sarah, and Eleanor, who were all then living, were vested each with an equal undivided share, — three-ninths,—subject only to the life-estate of their mother. Eleanor dying without issue, and intestate, her three-ninths of the premises descended in equal shares to her mother, Louis, Sarah, Emily, and Josephine, and the granddaughter, Margaret, leaving the title distributed as follows: Emily and Sarah each 21-54, and Josephine, Louis, and Margaret each 3-54, subject to the life-estate of the mother; and the mother 3-54, and her life-estate in the whole. It was under this idea of the condition of the title that Emily executed the two mortgages, and Josephine deeded to Morton.
Josephine sold the farm willed to her by her father, August 10, 1886. None of the family, except her mother, joined- in the deed, and she had the whole proceeds of such sale. Her children also conveyed their interests. Immediately after the death of,her father, she took possession of this farm, and it was always treated as her property, subject only to the life-estate of her mother and the remainder over to her children, and she and her husband made valuable improvements upon it.
Emily in her life-time, being the eldest member of the family at home, assisted her mother in the management of the property, and it seems to have been her idea, as well as her mother’s, that the several devises in her father’s will vested upon his death. Acting upon this idea, she’ executed the two mortgages upon her portion. She also made a will, dated May 2, 1868, in which she devised all her. estate, which she had inherited or might inherit, to her husband during his life, with remainder over to her brother, Louis, and her -sisters, Sarah and Josephine, and their heirs, and all her property not acquired by inheritance, absolutely to her husband and his heirs. She named her brother, Louis, as her execu. tor. Under the same impression Josephine disposed of her property, and deeded an interest in the Woodbridgestreet property to Morton, which interest is now held by the minor children of Charles J. Brewer. It is also evident that Louis had the same understanding of the will, and acted upon it. He was a priest in orders at
“As you can well understand, neither I nor any member of our family is responsible; nor can I in justice, nor in conscience, be bound to pay one cent, either of interest or capital, of any moneys which Mrs. Henquenet borrowed, since Mr. H. has received it all for his own benefit. I do not know how the mortgage is made. I would indeed be sorry that any one should lose anything through my fault, and I do not see any other method to get back the money you lent, except by foreclosure on the property in Detroit. Of course, only Emily’s share in that property could be attacked, and, if there was not enough there, she had a half share in a lot and house in Mt. Clemens.
“Mr. Henquenet has acted in all this in a most unjust manner towards our family; for the Detroit*448 property was devised to him only for his life-time, and then it was to revert to the family. How can he, as a. Catholic, be safe in conscience? As long as my mother' lives; she has a right to all the revenues of the Detroit property. We had not the means to take up the mortgage, and, if we had, it would be folly for us to do so, as Mr. H. could play the gentleman at our expense as long as he lives. Mr. H. is obliged to pay the interest on the money he got, and, if he refuses, what remains to be done is, I presume, to foreclose on that property that was mortgaged. If Mr. H. could succeed, he would gladly grab every cent of the family. If he has $30,000-worth of property in Hope, he is indebted to our family for it. But he is not thankful for this. He pretends that we have done nothing for him. May God forgive-him.
“ I presume it would be advisable to Bee Mr. Otto, whom I appointed to replace me, in regard to my sister's affairs. I will send him a copy of your letter, and will tell him of my writing to you. I hope, Bev. Father, that the parties who hold the .mortgage- will not suffer any loss, nor you either. I understand that Fr. Byckaert has a mortgage on that property for $2,000.
“Wishing you all blessings, I remain your sincere friend in the Sacred'Heart,
L. J. l'Etourneau, O. I. C."
This letter shows conclusively that he then understood the will as Emily understood it, although he attempted to convey the impression in his testimony that he had no thought or understanding about it until he took legal advice some time afterwards, when he thought Mr. Henquenet was becoming “aggressive."
It therefore conclusively appears that all the members of this family, except Sarah, who was incompetent and unable to act for herself, for 28 years since the death of their father, have understood and interpreted his will as the defendants now contend it should be construed, and have uniformly acted upon such understanding and interpretation until within a short time before the filing of this bill. In equity the complainant Louis, and Josephine, ought
But we are satisfied that the proper construction of this' will is as the mother and children construed it in the first place. It will be noticed that the third clause of the will devises this property:
“To have and to hold the same to the said Sarah, Emily, and Eleanor, their heirs and assigns, forever, after the determination of the life-estate aforesaid.''
If it were not for the eighth clause of the will, it would not be doubted that, on the death of their father, th& fee of this property would have vested in these three-girls, subject only to the life-estate of their mother. The eighth clause reads as follows:
“And whereas, one or more of my said children may not survive me or my said wife, I hereby order, direct, and devise the share of such devisee or devisees in such ease to be equally divided amongst the remaining chil*450 dren herein named, and to their heirs, share and share alike.”
The italics are ours.
The intent of this clause as it stands, and connected with the other clauses of the will, is not clear and certain. The complainants’ counsel, to make it harmonize with their views, claim that the word “or” in the italicized words must be read “and” so that it will read “may not survive m'e and my said wife.” The counsel say:
“We submit that the word ‘or’ in the eighth clause, where it occurs in the expression ‘survive me or my said wife,’ should be read ‘ and.’ The testator had in the third clause, by very forcible and clear language, attempted to postpone any effect of his gift to the three daughters until the death of his wife. He now in the eighth clause is providing for the distribution to be made when the gift is to operate, and contemplates the contingency of the death of one or more before distribution. It is impossible to conceive why the wife is mentioned at all in the eighth clause on any other hypothesis. ‘Or’ will be read ‘and’ whenever such reading is necessary to give effect to the evident intent of the testator.”
It is possible in my mind to conceive why the wife is mentioned upon another hypothesis, and I think with Mr. Atkinson, as stated in his brief, that the sentence was intended by the testator as follows: “And whereas, one or more of my said children may not survive me, or my said wife may not survive me, I hereby order,” etc.; that, in the contemplation that some of the children might die befo,re he did, the thought also occurred that his wife might not survive him; and that the awkwardness or incompleteness of the expression is that of the scrivener, and not of the testator’s intention. In connection with this matter, it is noticeable that the same person who drafted the will also drew the will of Timothy,
We agree with the complainants’ solicitors that “the commanding and controlling rule of interpretation requires that the intention of the testator ascertained from the will, looking to the whole of it, and reading it in the light of the surroundings of the testator at its date, is to be given full effect, if lawful.” Is it to be supposed that the testator intended to disinherit the children of his children, if any child of his, living at his death, should die before the wife and mother did? He is very particular to state why he wills no more to his grandchild Margaret, daughter of a dead son, and gives her $10, if she survives -him,. Josephine was married and had two children. Did he intend to disinherit them, if their mother died before his wife did? On the contrary, he evidently intended by the fourth clause of his will that the property devised to Josephine should go at her death to the heirs of her body. It will be observed that the grants to other children are to them, “their heirs and assignswhile in Josephine’s case the word “assigns” is omitted, clearly showing an intention that Josephine could not dispose of the farm without her children’s consent, and under this idea they joined with her in conveying it when she sold it. Yet if Josephine had died before her mother, under the complainants’ theory her children would have been disinherited.
It is the policy of our laws not to disinherit heirs, unless it clearly and distinctly appears that such was the purpose of the testator. The law also favors vested estates, and a remainder is not to be construed as contingent when it can consistently be construed to be vested. A will speaks from the testator’s death, and legacies then vest, unless a contrary intent is clearly indicated in the
The case of Rood v. Hovey, supra, is very closely in point with the case here. The will devised a life-estate to the testator’s widow, remainder to his children “ now living, or who may be at the time of her decease or marriage.” The word or” might be read “and” as well in this instrument as the one before us; in which case it would appear as clearly as here that the legacies were not intended to vest, and that the children of a child dying between the death of the testator and the decease of his widow would be disinherited; All the children survived the testator, but two died before the widow, and one left surviving him a widow and children. Mr. Justice Campbell, speaking for the Court, after referring to the general rules of construction, which have been heretofore pointed out in the present opinion, says:
“We do not think it proper to go into any extended discussion of testamentary law, because we have not been able to discover the least ambiguity in the language of this will. It says as plainly as words can make it that all of his children then living shall share in his estate not otherwise disposed of; that is, in all but the widow’s interest. If there had been no other words no one could dispute that their interest was vested. The remaining words, cor who may be at the time of her decease,’ might very well apply to posthumous children, but the form of the expression is not such as to indicate an intent to qualify the former language as to living children. * * * There is nothing in the rest of the will favoring the idea that he had any purpose of disinheriting any of the offspring of his children. No amount of reasoning can throw much light on the meaning of the will. In our opinion the language used conforms to the general purposes of the law, and is best interpreted by the general rules before referred ,to.”
In this view of the intent and construction of the will, the court below was correct, and found in its decree that the interest of Eleanor, at her death, descended in equal shares to Clotilde, the mother, Louis, Emily, Sarah, Josephine, and Margaret. The mother having died and .devised the property to Louis, Sarah, and Josephine, the •decree fixes the title at the time of the submission of the cause as follows: Emily’s estate, 21-54; Sarah’s estate, 22-54; Louis, 4-54; Margaret, 3-54; Florence Brewer, .2-54, and Horace B. Brewer, 2-54, — being the share •divided between them belonging to Josephine, and which she conveyed to Morton. The mortgages given by Emily were decreed to be a valid lien upon an undivided 21-54 ■of the property; that the 21-54 belonging to Emily’s ■estate passed in equal shares of 7-54 to Sarah, Josephine, and Louis, subject to the life-estate of August Henquenet. The court also found that the Brewer children, through Mrs. Paquette’s deed of one-twelfth of these premises to Morton, under whom they claim, wpre entitled to so much of her share of Emily’s interest in the premises ■as was equal to one-twelfth of the same.
The decree should be affirmed, with costs of this •Court against the complainant Louis J. 1’Etourneau, in favor of the defendants Brewer, Henquenet, De Broux, •and Duchaine'au.