Estate of White
Estate of White
Opinion of the Court
Opinion,
The testator wrote, “ and the residue,.....if any, of the said one undivided seventh,.....given and devised, in trust, for my said daughter Ann M. Holmes, to grant, etc., to my children J. F., P. A., A. H., R. P., M. P., and E. C., and the children and grandchildren of my deceased daughter, M. N., equally, share and share alike, as tenants in common, and not as joint tenants, and the issue of any of my said, children who may then be dead,” etc. Whom did the words “said children” include? Appellant claims as one of the issue (grandson) of Ann M. Holmes, and his counsel has argued with great ingenuity that, as Ann Holmes was a child of the testator, and is mentioned in the. former part of the sentence, she must be.included among the “said children” whose issue were to inherit. If she had been mentioned generally as a child, or among his other children, or in connection with his enumeration of his intended beneficiaries, the argument would be unanswerable. But the manner and connection in which she is
This consideration settles the fact that in naming his daughter Ann the testator was not writing or thinking of her at all as a beneficiary, but of the fund which he identified by reference to her. When he came to the distribution he specifically named the children whom he intended should receive it, and, when he desired to provide for the contingency of the death of any of them, his primary beneficiaries, he added the words, “issue of any of my said children who may then be dead.” In the connection and manner of their use it is entirely clear that the words “said children” referred to those he had named as distributees, and did not include Ann, whose name he used merely as part of the description of the fund to be distributed.
The learned court below were clearly right in their interpretation of testator’s language.
Decree affirmed.
Reference
- Full Case Name
- ESTATE OF AMBROSE WHITE
- Status
- Published
- Syllabus
- (a) A testator provided: “ The residue.....if any, of the said one undivided seventh.....devised, in trust, for my said daughter A. M. I-L, to grant to my children J. F., P. A., A. II., R. P., M. P. andE. C. and the children and grandchildren of my deceased daughter M. N., equally, .....and the issue of any of my said children who may then be dead: ” 1. In such case, A. M. II. was not included in the words “ said children; ” and her issue, at the time of her death, other than those of her children to whom definite bequests were made therefrom, were not entitled to participate in the distribution of the said one seventh of the residue of the testator’s estate in the hands of the trustee.