243 Mass. 39 | Mass. | 1922
The testator, Edward N. Morse, at his death, December 23,1889, left as his only heirs at law three sons, Edward J. W. Morse, Alfred B. Morse, and Justin N. Morse, and three
The will and codicil of Edward N. Morse make plain that his paramount object was the preservation and continuance of the business of manufacturing thread which he had successfully developed and established. The devise to his sons in the first clause, as modified by the codicil, “all the real estate I may own at my decease, in the towns of Easton and West Bridgewater . . . with all the privileges and appurtenances thereto belonging, or usually employed therewith . . .,” and the bequest in the second clause, as modified by the codicil, “all my personal property, connected with, or used in my thread making business in Easton, including all cotton, whether raw, wrought, or in process of manufacture, all manufactured goods, and supplies for the business, all the machinery . . . cash on hand ... all debts due me . . . they paying all debts due from me . . .” are made dependent upon the condition that his sons organize a corporation “within one year after my decease” to which they are to convey “as its capital stock, all the real and personal property mentioned in” clauses one and two and all such as may hereafter be obtained or on hand in such thread business “as a renewal of or substitute for that now on hand, or which may be at my decease.” The intention of the testator is free from doubt. He expressly says in the first clause of the codicil, “This arrangement seems to me so desirable that I hereby declare that I give to my said sons the property mentioned in said first and second clauses of my will, upon the express conditions stated above, and if all my sons fail to do so, I give the whole property to all my children equally.”
The E. J. W. Morse Company, a Massachusetts corporation, having been organized accordingly and the conveyances made as directed by the testator, the company acquired a fee in the
It is alleged that the plaintiff “now holds certain rentals collected from Easton and West Bridgewater real estate owned by said Edward N. Morse at the time of his decease, a portion of such rentals having accrued before the death of . . . Justin N. Morse and the balance having accrued since his death,” concerning the disposition of which instructions are asked. It is instructed to retain one third of the rentals as part of the estate of Justin which, after the adjustment of the rights of Olive M. Morse in the rentals which accrued after her husband’s death, and the payment to her of one third of the rentals which, having accrued before her husband’s death, become part of the residue of his estate, and to pay the remaining two thirds to Alfred B. Morse. R. L. c. 135, § 16; c. 140, § 3. St. 1905, c. 256. St. 1917, c. 303. Lincoln v. Perry, 149 Mass. 368. International Trust Co. v. Williams, 183 Mass. 173. Holmes v. Holmes, 194 Mass. 552, 559. Downey v. King, 201 Mass. 59. Nesbit v. Cande, 206 Mass. 437. See G. L. c. 189, § 1; c. 190, § 3; c. 191, § 15.
The plaintiff alleges that it also “holds certain undistributed
By the residuary clause of the will of Edward J. W. Morse his one sixth interest passed to his brothers Alfred B. Morse and Justin N. Morse and his sisters Caroline A. Tower, Florence W. Wells, and Gertrude B. Belcher, whose shares were thereby proportionately increased from one sixth to one fifth. Gertrude B. Belcher died, intestate, in 1917, leaving a husband Eugene C. Belcher who with her children, Gregory M. Belcher, Clifford Belcher, and Dorothy R. Belcher, succeeded to her share in the
The plaintiff is to be instructed only as to its present duties. Putnam v. Collamore, 109 Mass. 509. Peabody v. Tyszkiewicz, 191 Mass. 317. And no instructions are called for as to the disposition of proceeds not yet received, although anticipated, from other portions of the land alleged to have been sold after Justin’s death, but by whom and under what conditions does not appear.
A decree in accordance with the opinion is to be entered, the details of which are to be settled before a single justice with costs taxed in his discretion on the fund as between solicitor and client.
Ordered accordingly.