105 N.J. Eq. 418 | N.J. Ct. of Ch. | 1929
Harrie W. Keihl died August 27th, 1878 (before the testator), without issue.
Josephine Jamison Keihl died March 15th, 1882, without issue.
Virginia W. Smylie (referred to in the will as Virginia W. Keihl) died May 30th, 1889, leaving one son, Robert S. Smylie, Jr., as her only issue.
William C. Stevens died January 25th, 1925, without issue.
Annie E. Stevens, the life beneficiary, died January 16th, 1928.
The first question propounded is: What effect did the death of Harrie W. Keihl prior to the death of the testator have upon the bequest of $5,000 to said Harrie W. Keihl? Did said sum lapse into the testator's residuary estate; or did the testator die intestate as to said sum, or did said sum remain in trust for distribution among the surviving sisters and brother of said Harrie W. Keihl?
Had the bequest been merely to the children of Annie E. Stevens, without naming them or specifying the share each should receive, there could be no doubt but that the bequest of the whole $24,000 trust fund would go to said children as a class and that the death of Harrie W. Keihl, prior to the testator's death, would not cause a lapse of his portion of the gift and that the whole trust fund would go to those members of the class who survived the testator (Forshee v. Dowdney,
Let us then examine the whole will for the purpose of ascertaining, if possible, the testator's intention. It appears to be a will of personal property only, because no reference is contained therein to real property. It also appears that the testator had no wife, child or descendants of a child and no surviving brothers or sisters, because no provision is therein made for any such relative, and that the sole objects of his bounty were nephews, nieces, grandnephews and grandnieces. The will divides the legatees into groups or classes, each group being provided for in separate clauses numbered from two to ten, inclusive, and it appears from the eleventh, or residuary, clause that the testator intended by the preceding clauses to dispose of his entire estate. The first bequest is the one here in question, of $24,000 to be held in trust for the benefit of a group consisting of a grandniece and her children and the bequests which follow are to eight other groups consisting of eighteen nephews, nieces, grandnephews and grandnieces for a total of $13,050, so that it appears that the first group was the testator's special concern because it was named first and because he set aside, in trust, almost two-thirds of his estate for its benefit. In providing for this group he stated that upon the death of his grandniece the whole principal sum should be distributed among her children (all of whom were living at the date of the will), their heirs or legal representatives. I think that the words "heirs or legal representatives" were used in the will in a substitutionary sense and mean "children" or "issue."Bruere v. Bruere,
The second question propounded is: Should the legacies given to the remaindermen named in the second clause upon the death of Annie E. Stevens, be paid to their legal representatives, there being no children of Annie E. Stevens surviving her? If not, to whom should said sums be paid?
Where a will bequeaths to a remainderman but postpones payment merely for the purpose of letting in a life interest, *423
the remainder vests immediately upon the death of the testator.In re Buzby,