10 A.2d 205 | Vt. | 1940
This is a direct appeal from probate court for the District of Fair Haven. Fred G. Chandler died testate on March *78 29, 1919. His will, which was duly admitted to probate, gives specific legacies to each of his three daughters and then continues as follows: "I also Will and Bequeath unto my Wife Bertha N. Chandler All the remainder of my Property both real and Personal.
"After the death of My Wife Bertha N. Chandler The remaining property to be equally divided between my Three daughters First Mrs. Grace L. Griffin Second Mrs. Blanche F. Bristol Third Mrs Pearl M. Haskins"
Subsequently Bertha N. Chandler married Earl Cook and deceased on July 25, 1935, without having fully administered the estate of Fred G. Chandler, of whose will she had qualified as executrix. She was survived by her husband and the three daughters of Fred G. Chandler and herself. On October 8, 1935, Edward C. Ripley was appointed administrator of the estate of Bertha Chandler Cook, and on October 18, 1935, Myron R. Benjamin was appointed administrator d. b. n. c. t. a. of the estate of Fred G. Chandler. Thereafter said Benjamin as administrator brought a petition to probate court under the Uniform Declaratory Judgments Act, P.L. Ch. 68, seeking to establish the rights of the parties under the will of the testator. After notice and hearing the court made findings and judgment to the effect that said will gives to the testator's wife, Bertha N. Chandler Cook, an absolute gift in fee in the property devised and bequeathed to her. From such findings and judgment the petitioner — defendant herein — has appealed to this Court. Numerous exceptions were reserved by the appellant, but the sole ultimate question involved is whether the provision of the will first above quoted gives to Bertha N. Chandler an estate in fee in the property devised and bequeathed to her, or a life estate only with remainder to the three daughters named in the next following provision.
No two wills are exactly alike and decisions in the most similar cases are to be considered aids rather than direct authorities. Morse v. Stoddard's Estate,
The will here in question is very much like the one construed in In re Keniston's Will,
The earlier case of Stowell v. Hastings,
In McCloskey v. Gleason,
In Morse v. Stoddard's Estate,
In Trask v. Walker's Estate,
The questioned bequest in In re Robinson's Will,
The language we have quoted from Morse v. Stoddard's Estate,supra, is exactly applicable in considering the will here in question. The bequest to the wife contains none of the terms usually employed to indicate an estate in fee. It contains nothing that expressly gives even a limited power of disposal. So the gift in remainder can be given effect as a limitation of the preceding bequest without overriding any of its language. It was clearly the intention of the testator to give a life estate only to his wife with remainder to his daughters.
Judgment reversed, and judgment that the will of Fred G.Chandler gives to his wife, Bertha N. Chandler (Cook), a lifeestate in the property therein devised and bequeathed to her, andalso gives a remainder in fee in that property to the threedaughters of the testator, Mrs. Grace L. Griffin, Mrs. Blanche F.Bristol and Mrs. Pearl M. Haskins. Let the appellant recover hiscosts in this Court. To be certified to the probate court.