100 Wis. 1 | Wis. | 1898
Sarah Drane, the wife of the defendant, Si/ram Drane, died at Monroe, Wis., October 7, 1891, leaving her last will and testament, which was duly admitted to probate in the county court of Green county, November 19, 1891. The plaintiff, a sister of the testatrix, was her principal legatee, the defendant, Siram Drane, being a beneficiary of a part of the estate during his lifetime. In the will of the testatrix are found the following provisions: “First. I give, devise, and bequeath to my sister Indiana, Miller one certain obligation in writing, bearing date the 8th day of September, A. D. 1885, executed by my husband, II. Drome, to me for the payment of the sum of $2,000, which sum was borrowed by him of me for the purpose of building the house in which we now reside; and I direct that she do not enforce the payment of the same during the lifetime of him (said Swam Drane), except so far as to require annual payment thereon to prevent the running of the statute of limitation thereon. Second. I give, devise, and bequeath to my said sister Indiana Miller all the residue and remainder of my estate, both real and personal, including all of my promissory notes, mortgages, household goods, and furniture, and all other property, of whatsoever name or description, and wheresoever the same maybe situated; but I will and direct
For the $2,000 mentioned in the first clause, the defendant executed to his said wife, Sarah Drane, a memorandum in writing, as follows: “ Whereas, I, Swam Drane having received of my wife, Sarah Drane, the sum of two thousand dollars, which I have invested and used in building and erecting a dwelling house on lot 5 in Talhnan’s addition in the city of Monroe, and agree that the same is to be repaid to her at my death by my heirs, executors, and administrators, or at amp tíme prior thereto on her making a dema/ndfor the same. [Signed] H. DeaNe.” In the first and second clauses of the will of the testatrix, and in reference to this $2,000, she ijsed the following language: “ I direct that she [Indiana Miller] do not enforce the payment of the same [the $2,000] during the lifetime of him, said Swam Dra/ne, except so far as to require annual payment thereon to prevent the running of the statute of limitation thereon.” After again directing a payment to prevent the running of the statute of limitation, the further direction is given: “And that said notes, together with the obligation mentioned in the first clause hereof, be enforced and presented as a claim against his estate after his death, my object being in part to shield him from being harassed or embarrassed by said notes and obligation during his lifetime.” It was to have these clauses in the will construed that this action was brought, and to get the advice and direction of the court as to what was proper to be done by the plaintiff, and what
The deceased, Sarah Drane, could have demanded the money any time during her lifetime, but she did not make the demand, and in the will she imposed restrictions on Indiana, Miller, the legatee, taking away the right to demand the whole of the money. The plaintiff claims that all these restrictions and directions, taken together, are doubtful and ambiguous, and not clear and precise, and that she has the right to obtain an equitable construction of them. She contends and sets out in her complaint that this fund became a trust in the hands of the defendant, Hiram Drame, for his own benefit and that of his wife during her lifetime. Has the wife, by her will, changed the rights of the defendant after her death ? The will states that the plaintiff is to require of the defendant an annual payment to prevent the running of the statute of limitation. Could a court of law carry out this direction without a multiplicity of suits and necessarily harassing the defendant? A court of equity could, by decree, fix an amount to be paid annually, and enforce its payment each year, without commencing a new action for that purpose. If the plaintiff should omit to require the defendant to make these annual payments, would the statute of limitations run, and how would it affect her rights under the will ? If the defendant is required to make an annual payment, how much should he pay? The defendant claims that the plaintiff is restricted by the will from collecting the $2,000 obligation during the lifetime of the defendant, and is also restricted from harassing the defendant by suit; yet she is directed to enforce an annual payment. These several directions made by the testatrix are clearly questions calling for interpretation by a court of equity. In order to exclude the exercise of the equitable functions of the court, it is not enough that there is a remedy
The jurisdiction of courts of equity for the construction of wills and giving directions in respect to the execution of them has long been established and well understood, and devolves upon the circuit court in all proper cases, as a part of its proper constitutional jurisdiction, particularly in cases of trust. It is said that the jurisdiction of equity over trusts gives it authority to construe wills whenever necessary to guide or control the action of a trustee, and any person interested in a trust may apply to the court for a construction of the will, and direction as to the trust. It is by reason of the jurisdiction of the court of chancery over trusts that courts having equity powers, as incident to that jurisdiction,
As to the question of jurisdiction, there does not seem to be any well-founded doubt. The will in question was, it appears, a will of both real and personal estate; and the plaintiff, the executrix, was a sister of the testatrix and her principal legatee, and the defendant was to be a beneficiary of a part of the estate during his lifetime. It may well be that the provision that was made in her will for the plaintiff, her sister, materially modified the memorandum of agreement given to her by the defendant. It was a condition imposed upon the plaintiff in respect to said obligation, or of any notes the defendant, Hiram Drcme, had executed to the testatrix in her lifetime, that payment should not be enforced by the plaintiff against the defendant during his lifetime, except the payment of sufficient to prevent the running of the statute of limitations thereon, and that said notes, together with the obligation mentioned in the first clause of the will, be enforced and presented as a claim against his estate after his death, the object of the testatrix being, as expressed in said will, in part, to shield him from being harassed or embarrassed by said notes and obligation
By the Oowrt.— The order appealed from is affirmed.