Conley's Estate
Conley's Estate
Opinion of the Court
Opinion by
The material questions to be considered on this appeal are
In reaching the conclusion arrived at the learned court below had recourse to the third and fourth paragraphs of the will. It seems that in the third paragraph the testator provided as follows : “ I direct my executor to transfer to the trustee hereinafter named, all my stock in the Tide Water Pipe Line Company to be held by said trustee until the decease of my wife, and not converted into cash until her decease, as I have faith in the investment being secure and profitable.” In the fourth paragraph of the will the testator disposes of the residue of his estate as follows: “ As to the rest and residue of my estate real, personal and mixed (not hereinbefore specifically mentioned and bequeathed or devised), I direct my executor to convert them into cash as soon as the same can be done without unnecessary loss, and the money arising therefrom paid to my trustee in trust that it will hold the Tide Water Pipe Line Company, Limited, until the death of my wife, and pay to her all dividends or divided profits accruing thereon, and as to the remainder of my estate all that comes into my trustee’s hands I direct that the same shall bo by it invested in first bond and mortgages and hold the same so invested for and during the natural life of my beloved wife Sarah and pay to her at least semi-annually the entire income arising therefrom. After the decease of my Said wife I direct my trustee to pay out the principal as follows; and upon the conditions and for the purposes mentioned only.” Then follows the disposition of all the residue, one half being for charitable uses, and therefore ill given.
The rights and privileges of the holders of certificates of loan of the Tide Water Pipe Line Company, Limited, may refer to said certificates of loan as stock without any infringement of their rights and privileges in said company, and if their holdings therein include certificates of stock as well as certificates of loan and constitute their investments in it, the designation of
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We are of the opinion also that no error was committed in holding that as to the widow’s portion of the residue of the estate under the intestate laws, the trust represented by the Safe Deposit & Trust Company is to that extent, executed.
Decree affirmed and appeal dismissed at the cost of the appellant.
Reference
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- Will—Gift of stock—Corporation. Testator gave all his stock in the Tide Water Pipe Line Company, Limited, to a trustee for his wife, stating that he had faith in the investment being secure and profitable. In a subsequent clause of the will lie direeled the trustee to “ hold the Tide Water Pipe Line Company, Limited, until the death of my wife, and pay to her all dividends or divided profits accruing thereon.” By a codicil he ratified and confirmed his will in all matters, excepting as to the stock he held in the Tide Water Pipe Line Company, Limited, which he gave to his wife absolutely. Testator owned shares of stock of the company, and also certificates of loan. The wife claimed both the stock and the certificates of loan. The certificates of loan of the Tide Water Pipe Line Company, Limited, provided that the holder should receive a share of the profits of the business of the company in lieu of interest; that he should not be liable as a copartner to other creditors of the company, except as to the amount loaned, and that the certificates should be transferable only on the books of the company. The holders of these certificates also had the right annually to name two or more persons shai-eholders of the association, at least two of whom should be chosen by its stockholders as managers for the ensuing year, and, upon the dissolution of the company, they were to receive the full amount loaned by them before the capital was returned to the shareholders. They also had the right to examine the books of the association. Held, that the wife was entitled to the certificates of loan as well as the stock. Trusts and trustees—Executed, trust—Intestacy. Where a testator without children gives all of his estate to trustees to pay the income therefrom to his wife during her life, and after her death to pay one half of the principal to charities, and the other half to certain persons named, and the testator dies within thirty days from the date of his will, the wife is entitled under the intestate laws, brothers of the testator surviving him, to one quarter of the estate free from the trust.