281 Mass. 41 | Mass. | 1932
The trustees of a trust created under the will and codicils of John Martin, duly admitted to probate in 1917, filed in the Probate Court for the county of Middle-sex a petition for instructions to whom they should pay the share of trust income which they had been paying up to the time of his death to Thomas F. Baldwin. A decree entered in February of 1926 directed payment to certain persons. That decree, later, was vacated on review, and, after hearing on the original petition, a decree was entered that “the legal representatives” of Thomas F. Baldwin were entitled to said income, and that all such income received since his decease be paid to them. It directed further that a stated sum as costs and expenses be paid out of the trust fund to counsel for the guardian of Catherine Baldwin, next of kin of Thomas F. Baldwin. This later decree was entered on February 12, 1932. Claim of appeal under date of February 29 was filed on March 1, 1932, by Ernest A. Thompson, as attorney for certain beneficiaries under the will of John Martin interested in his estate who are aggrieved by the decree.
The eleventh clause of the will created a trust fund and directed that the income be paid, by section (a), quarterly in a stated amount per annum during her natural life to a sister, Catherine Baldwin; by section (b), quarterly or monthly as the trustees deemed best, in a fixed amount per annum, during his natural life, to a nephew, James Martin. Section (c) was in these words: “I direct my said trustees to divide the balance of said income share and share alike, the same to be paid quarterly, among the following nephews and niece: Richard Baldwin, now of Medford; Augustus Baldwin, now of South Boston; Thomas Baldwin, now of Medford; George Martin, now of South Boston; Patrick Martin, now of Cambridge, and Mrs. Louisa Curtis, now of South Boston, all in the Commonwealth of Massachusetts. I direct that should any of said nephews or niece be not living at the time of my decease, that their share be paid to their issue, or issue of such issue, by right of representation, or if there be no issue, said share to revert to said trust estate.” Section (d) directed method of investment of the trust. Section (e) fixed a period for continuance of the trust and at its expiration provided: “at which time I direct my said trust estate, together with any accumulations thereon, shall be distributed among the following nephews and niece; Richard Baldwin, Augustus Baldwin, Thomas Baldwin, George Martin, Patrick Martin and Mrs. Louisa Curtis, if they be living at the time for final distribution, but if they be not living at such time, I direct that their share shall go to their issue, or issue of
The testator’s intent must be gathered from the words of the whole will and codicils, read in the light of their circumstances. Temple v. Russell, 251 Mass. 231, 235, 236. Crowell v. Chapman, 257 Mass. 492. Boston Safe Deposit & Trust Co. v. Waite, 278 Mass. 244. So read, we think the intent to give to individuals rather than to a class is evident. The last sentence of section (c) demonstrates that the testator in setting out by names and addresses the nephews and niece “among” whom this income was to be distributed did not regard himself as creating a class with survivorship; for he provided that the “share” of any one of them who died before he did should be paid to issue of the one so dying. Obviously he is thinking of each nephew as owner of a share, and not of a chance for a share. He limited the provision of income for James Martin (section [b]) to James’s lifetime; but by section (f) he opened the final distribution of the trust fund to issue of any marriage of James, which is inconsistent with
It follows that the decree was right and the petitioners should govern themselves accordingly.
Decree affirmed.