Martin v. Martin
Martin v. Martin
Opinion of the Court
delivered the opinion of the court.
There is no dispute between counsel for the respective parties as to the law governing gifts or bequests of personal property or money, with remainder over. It is agreed perfectly that a bequest of money for life to one, with remainder over to another, is a bequest of the interest derivable from the money, and that the legatee for life, upon proper showing made that the bequest will be wasted and lost, may be required to give security for the protection of the remainder-man’s interests. But it is further asserted by counsel for appellees that any intention of the testator to pass the bequest itself to the legatee for life, and to require no security from such legatee for the protection of the remainder-man’s interest will make such bequest exceptional, and relieve it from the operation of the general rule agreed upon by counsel, as above stated; and this assertion of the limitation on, or modification of, the general doctrine is altogether correct. We have, then, a pure question of testamentary construction, stripped of entangling legal controversy. Does the bequest to the1 testator’s wife fall within the exceptional class of cases? Was it the intention of the testator to have the $5,000 paid over, in specie, to the widow? Was it his design to permit her to use this bequest without giving security for its absolute preservation ? We have no hesitation in answering all these questions affirmatively.
1. The executors are directed to fay $5,000 in money to the widow within sixty days after the death of the testator.
2. The will declares that the widow shall retain the property devised to her to' her sole use and benefit during her life, if she shall remain unmarried.
3. The bequest of $5,000 in money is the principal provision made for the support and maintenance of the widow by the will of her husband — a man of fortune, as plainly appears from the will itself.
We are clearly of opinion that the bequest of $5,000 in money is t'o be paid to the widow without security from her.
The decree of the chancery court is in accordance with these views, and it is, therefore,
Affirmed.
Reference
- Full Case Name
- C. C. Martin v. A. G. B. Martin
- Cited By
- 8 cases
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- Syllabus
- 1. Wnm. Bequest of money for life. Security for remainder-man. The general rule is, that a bequest of money to one for life, with remainder to another, is a bequest of the interest on the money; and, upon showing made that the fund will be wasted, security may be required of the legatee for life. But an intention of the testator to pass the bequest itself to the life-legatee, and to require no security for the protection of the remainder-man, will relieve the bequest from the operation of the general rule as to security. 2. Same. Intent of testator. Security. Case. Where a man of fortune, in disposing by will of all his property, gives for the support of his wife a home and certain personal effects of comparatively small value, and $5,000 in money, “ to be paid her within sixty days ” after his death, with a proviso that she shall “ retain ” the property to her sole use during life or widowhood — at her marriage or death the same to revert to his children, the wife is entitled to the money and cannot be required by the remainder-men to give security, though it is alleged that she is insolvent, and that her habits are such that it is almost certain she will squander the fund.