113 N.Y.S. 456 | N.Y. Sup. Ct. | 1908
The only defendant of the six who contests the validity of the four trusts created by the testatrix is the residuary legatee, William M. Du Bois. He endeavors to do this by straining the meaning of three words in paragraph 12, which reads as follows: “ It is my will, and I hereby direct that if the said Mabel Du Bois should die without issue or direct descendants, that the said trustee shall pay over all of the aforesaid trust funds mentioned in the Fourth, Seventh, Eighth and Eleventh clauses or paragraphs of this my Will, and all accumulations thereon, to the Woman’s Board of Foreign Missions of the Presbyterian Church, a corporation of the City of New York, having its principal office in the City of New York.”
It is not disputed that the four trusts mentioned are within the provisions of the statute, if taken separately; but defendant urges that the words “ all ” and “ trust funds,” as used in paragraph 12, are of such peculiar import that they show the testatrix’s intention of creating a single trust from the four. As it happens, defendant’s daughter Mabel Du Bois, Jr., is the second and last beneficiary in the first three trusts and the sole beneficiary in the last, the remainder to go to her heirs in each case. This fact may have lent some color to defendant’s contention. One of the definitions given the word “ all ” by the Standard Dictionary is “ the entire number of, each individual or member being taken separately,” and under the word “ distributive ” the Standard also says “ ‘ all ’ and ‘ every ’ are distributive words.” From this it -appears that “ all ” has a distributive as well as a collective meaning. Defendant urges the latter as the one intended by testatrix; but “we are in duty bound to reject that construction, if any fair and reasonable interpretation of the testator’s language enables us to save his dispositions and give his will effect.” Vanderpoel v. Loew, 112 N. Y. 167.
As to the interpretation of the phrase “ trust funds,” her intention as expressed in those words is made clear by an examination of paragraph 13 of the will. - It reads: “ In the event that Frank L. Young should not survive me or in the event that he should die leaving the trusts created by the
Ordered accordingly.