14 R.I. 518 | R.I. | 1884
The object of this suit is to get a decision on certain questions arising under a trust deed made by Julius Littlefield, late of Bristol, deceased. The *519 deed, dated December 16, 1872, conveys property, both real and personal, to the complainant, in trust to pay the debts of the grantor out of the income and profits thereof if sufficient, and, if not, from the principal, and, subject thereto, to pay the rents, profits, and income, as they may accrue, to the grantor or his order for his benefit or for his family, and if, in the opinion of the complainant, more shall be necessary for the comfort and happiness of the grantor, to pay to the grantor or his order such portions of the principal from time to time as the complainant may think proper, not to exceed in all one half thereof. "And," the deed goes on, "in case of the decease of the said Julius Littlefield, this trust is to terminate, and the said property remaining in the hands of the trustee to be conveyed as he shall by last will and testament direct, and, in default thereof, to his heirs at law." The said Julius died intestate, May 7, 1883, leaving a widow, Susan S. Littlefield, and a daughter, Eliza Littlefield, his only heir, surviving him. The complainant still holds property both real and personal under the trust. The daughter claims that she is entitled to it by the terms of the trust, subject to the widow's right of dower in the real estate, and that it is the duty of the complainant to convey it to her. The defendant Samuel M. Lindsay, who has been appointed administrator on the estate of said Julius Littlefield, claims the personal estate in his representative capacity. The widow claims that she is entitled, in addition to her dower in the real estate, to one third of what remains of the personal estate after the payment of her late husband's debts. The complainant, in view of this conflict of claims, asks the court to instruct him in regard to his duty.
We think that, according to the former decisions of this court, the said Julius Littlefield took under the trust deed an equitable fee simple in the real estate conveyed by it. SeeAngell, Petitioner,
We are also of the opinion that the same words which gave to Julius Littlefield the equitable fee in the real estate must be construed to have given him the entire equitable interest in the personal property. This view is well supported by authority.Garth v. Baldwin, 2 Ves. 646; Tothill v. Pitt, 1 Madd. 488; Earl of Verulam v. Bathurst, 13 Sim. 374; Kinch v.Ward, 2 Sim. Stu. 409; Simmons v. Simmons, 8 Sim. 22. It is the view which this court has taken sub silentio in several cases. Eaton v. Tillinghast, Trustee, et als.
Our decision is that it is the duty of the trustee to transfer the personal property to the administrator, to be administered and distributed by him according to law as the personal estate of his intestate.
Decree accordingly. *521