Cook v. Williams
Cook v. Williams
Opinion of the Court
Paragraphs 6 and 11 of the will of J. E. Stewart, deceased (complainant’s father) concern the estate of complainant as devised, by the terms of said will, and by this proceeding a construction of these provisions is sought.
“This intent must be gathered * * * from, the language used in the will, and by this is meant that such intention shall be gathered from the four corners of the instrument; that is to say, from the whole will, the whole frame of the will, the whole scheme of the testator manifested by the will, taking into consideration and giving due weight to every word used in the will.” Myrick v. Williamson, 190 Ala. 485, 67 South. 273; O’Connell v. O’Connell, 196 Ala. 224, 72 South. 81.
“Words used in a will must be taken in their primary sense, and to depart from this primary or ordinary sense requires clear indication, furnished by the context, that they were used in a different sense.” Shuttle v. Barker, 178 Ala. 366, 60 South. 157; Baker v. Baker, 182 Ala. 194, 62 South. 284.
The sixth paragraph of the will provides for the appointment of an active trustee to manage and control the property devised to complainant, which was given to her only during the term of her natural life.
In construing this provision of the will, we must also look at the whole will and the whole scheme of the testator, as evidenced *639 thereby. And in doing so, we fifid similar provisions in reference to others who were objects of his bounty, particularly the granddaughter provided for in the seventh paragraph of the will. The language used in reference to the estate of said granddaughter, and the trustee to be appointed for the management thereof is strikingly similar to the provisions for the complainant. As to this granddaughter, it is specially provided that all interest on loans shall ba collected annually, and enough applied as required for the maintenance and education of said granddaughter during her minority. Then follows this provision, “But after she is an adult, the trustee is required to pay to her annually all profits of all kinds arising from any and all money he may have on hand,” thereby clearly indicating that as to this granddaughter, the trustee is not appointed only during her minority, but that the same continues after she becomes an adult.
Viewing the entire will, and the whole scheme of the testator as evidenced thereby, and giving to the words used their primary and ordinary meaning, we are of the opinion that it was the intention of the testator, and his plain purpose, to appoint a trustee for the management of complainant’s estate during her life.
It is, of course, well understood that a trust estate of this character ceases as soon as the purposes of its creation have been accomplished. Edwards v. Edwards, 142 Ala. 267, 39 South. 82. But in the- instant case, as we construe the will, it was the purpose of the testator, so far as this complainant is concerned, that her estate be managed and controlled by a trustee during her life. This view is in accord with that of the learned judge below, as disclosed by his opinion which appears in the record.
It appears without dispute that the trustee is in the discharge of his duties in a proper manner, and the bill seeking his removal was properly dismissed.
The decree appealed from will be here affirmed.
Affirmed.
Reference
- Full Case Name
- Cook v. Williams.
- Cited By
- 1 case
- Status
- Published