Grou v. Brinley
Grou v. Brinley
Opinion of the Court
This case depends upon the construction to be given to the clause in the will of John Grou, late of the town of Hartford, which is as follows : “ I give and bequeath, to each of the children of my two sisters, in France, two hundred dollars in gold.”
It appears that at the time the will was made the testator had two living sisters, who resided in France, together with their children. One of the sisters had but one child, and the other had a number of children. The two sisters, with their
These are the facts of the case, and the first question is, is the bequest void for uncertainty. This depends upon the question whether there is any reasonable doubt to which two of the sisters the testator refers. White v. Fisk, 22 Conn., 31.
How many sisters had the testator at the time the will was made ? He speaks of two sisters in the present tense, and but two were living. Now if he referred to a living sister and the deceased one, would he have used the expression “my two sisters ?” If the question is asked, has A. B. children, and the answer is that he has, in common parlance it would be understood that A. B. has children living. If all his children were dead, it would hardly be expected that the answer would be that he has children, without qualification. Suppose the testator had one sister living and two dead, and he had used the expression, “ my sister could there be any reasonable doubt to which sister he referred ? We think not.
Much was said in the argument respecting the grammatical construction of the language of the will. The plaintiffs claim that the term, “ in France,” describes the residence of the children and not that of the sisters, while the defendants insist that it was used to designate the residence of the sisters and not that of the children.
It may be that the rules of grammar would connect the word France with the word children by the preposition in, which shows the relation between these words, but the strict rules of grammar throw but little light upon the meaning of a will so inartificially drawn as this appears to have been. We cannot easily resist the conclusion that the term, “ in France,” was intended to describe the residence of the sisters,
We therefore answer the first question proposed by the parties, that we think the bequest of John Grou to each of the children of his two sisters in France is a valid bequest.
And we answer the second question by saying that we think the bequest is confined to the children of his two living sisters.
The third and last question is, whether the executors are
We do not intend to decide how the case would be in rela tion to contracts ; but, in a bequest like the one in question, we have no doubt that each legatee is entitled to the amount in gold. Gold was at a high premium when the will was made, and the testator no doubt took that fact into consideration.
In this opinion the other judges concurred.
Reference
- Full Case Name
- George W. Grou and others v. George Brinley and others, Executors of John Grou
- Status
- Published