248 Mass. 254 | Mass. | 1924
By the third clause, the testatrix gave to the trustees named in her will “ a sum of money as principal
The fund does not fall into the residue. Megathlin v. Stearns, 242 Mass. 326.
It is contended by the only appellant, William R. Milton, son of Thomas S. Milton, and grandson of the testatrix, that her clear intention to be ascertained from the entire will, as well as from the plain meaning of the language used, is, that under the third clause, the principal of the trust shall upon the death of the last beneficiary be divided per stirpes, one half to be shared equally by Edith K. Morris and Amelia M. Kohlsaat, children of the testatrix’s daughter Sarah J. Kohlsaat, and the remaining half by William R. Milton, his brother Thomas S. Milton, and his sister Constance A. Young. But at the date of the will five children of the testatrix, Amelia, William, Sarah, Richard, and Thomas, as well as five grandchildren, Amelia and Edith, daughters of Sarah, and Thomas; William and Constance, children of Thomas, were living, and at her death the children and grandchildren named as beneficiaries in the sixth clause, with the exception of Thomas, were living. When the last surviving beneficiary under the third clause died, the children William, Amelia and Richard, had died without issue, Sarah had died leaving issue, and the five grandchildren, each over twenty-one years of age, were living. The third clause pro
It is well settled that unless a testator has clearly manifested a different intention, gifts to children are to be treated
The trustee therefore is to pay one fifth to the estate of William F. Milton, one fifth to the estate of Amelia T. Worthington, one fifth to the estate of Richard S. Milton, one tenth to Edith K. Morris, one tenth to Amelia M. Kohlsaat, children of Sarah J. Kohlsaat, and one fifteenth to each of the three children of Thomas S. Milton. The decree of the court of probate being in accordance with this conclusion, it is affirmed, with the allowance therein made for expenses and service of counsel, to which may be added such further costs taxed as between solicitor and client, as that court in its discretion may determine.
Ordered accordingly.