Holton Estate
Holton Estate
Opinion of the Court
Opinion by
Under the eleventh paragraph of his will, the testator created a $400,000 trust which provided for the payment of the net income therefrom to the testator’s son, Howard Holton, during his life, and, “at his death and until the expiration of twenty-one years” therefrom, “to divide the net income . . . into as many parts ... as there shall be children of [Howard Holton] living at the quarterly distribution periods and children of [Howard Holton] then dead represented by descendants then living and to subdivide the shares falling to each set of descendants of a deceased child of [Howard Holton] amongst them per stirpes, upon the principle of representation, and to pay over to each child or descendants of a deceased child of [Howard Holton] then found entitled its share of such income . . .” Upon the expiration of the twenty-one year period, the trust principal was to be divided “into as many parts ... as there shall be children of [Howard Holton] then alive and children of [Howard Holton] then dead, represented by descendants then living, and to subdivide the share falling to each set of descendants of a deceased child of [Howard Holton] amongst them per stirpes . . . and the shares thus ascertained to pay over to each child and descendants of a deceased child then found entitled, absolutely and in fee.” If Howard Holton died “without leaving descendants him surviving or leaving descendants they should not survive to take principal”, one-half of the principal of the fund was given to the testamentary appointee or appointees of Howard Holton and the other one-half of the principal was to be added to trusts created under the testator’s will for John M. Holton,
Howard Holton married approximately ten years prior to the date of testator’s will and approximately twelve years prior to the date of testator’s death and of this marriage no children were born. Approximately three years after testator’s death the Howard Holtons adopted a girl, Henrietta Duke Holton, and almost four years after testator’s death they adopted a boy, Samuel Pearce Holton. When Howard Holton died on December 4, 1957, he left to survive him, in addition to his widow, these two adopted children.
At an audit of the trustee’s account, the Orphans’ Court of Philadelphia County denied the claims of the two adopted children to this trust fund. Exceptions to this adjudication were dismissed and a final decree entered.
Under the provisions of testator’s will, are these two children, adopted subsequent to the date of testator’s will, to be considered as Howard Holton’s “children” for the purpose of receiving initially the net income from the trust, and, if they survive the requisite twenty-one year period, of receiving eventually distribution of the principal of the trust? In resolving this question two inquiries must be pursued: first, to determine whether, within the four corners of this will, the testator evidenced any intent that Howard Holton’s adopted children should be included in or excluded from the word “children” and, if such intent is evidenced, it will prevail; second, in the absence of any evidence of tes
An examination of the language of this will reveals no manifest expression of the testator’s intent in this respect; if such intent is present it must arise by implication. The appellants contend that an implication of an intent on the part of the testator to include adopted children within the word “children” arises both from the language of the eleventh paragraph of the will and from a comparison of the language of paragraphs eleventh and twelfth. The appellants argue that in the eleventh paragraph when the testator used the word “descendants” in juxtaposition with the words “child” and “children” he used such words synonymously, and, since we held in Collins Estate, 393 Pa. 195, 142 A. 2d 178, that the word “descendants” may include adopted children, Collins should control and the words “child” or “children” likewise be held inclusive of an adopted child or children. From a study of the language of this will it is apparent that Collins is wholly inapposite. Testator did not use “descendants” synonymously with “child” or “children”; it is clear that the testator’s reference to “child” or “children” was to members of a third generation class while his reference to “descendants” was to members of a fourth generation class. Judge Lefever in the court below aptly stated: “. . . it is clear that the only rights of [the adopted children] are as children or descendants of deceased children of [Howard Holton]. They cannot by implication elevate themselves into a broader class described as ‘descendants’ . . .”.
The appellants further contend that the testator’s use of the word “issue” in the twelfth paragraph of the
Our examination of this will reveals no intent, expressed or implied, that the testator contemplated either the inclusion in or the exclusion from the word “children” of adopted children. The will is silent on the subject.
Our next inquiry is the impact, if any, of the Wills Act of 1917, supra, on the construction and interpretation of this will.
The legislature in the Wills Act of 1917, §16(b)
In passing upon the applicability of and the interpretation to be given to the Wills Act, supra, we are mindful that: “Statutes are never presumed to make any innovation in the rules or principles of the common law or prior-existing law beyond what is expressly declared in their provisions: [citing cases]”. Rahn v. Hess, 378 Pa. 264, 270, 271, 106 A. 2d 461; Guthrie’s
“The Wills Act of 1917 changed the prior case law by providing that, in the absence of a contrary intent appearing in the will, (1) a gift to testator’s children would include any child adopted by him; and (2) a gift to the children of another would include any child adopted before the will was executed. If the child were adopted by someone other than the testator after the will was executed (even though before the testator’s death), he was still excluded under the act of 1917.” Bregy, Intestate, Wills and Estates Acts of 1947, pp. 3154, 3155.
In Collins, supra (p. 206), we interpreted section 16(b) of the Wills Act, supra, in the following manner: “. . . if the child or children are of a person other than testator only such' adopted child or children adopted before the date of the will are included in the bequest or devise.” In Cave’s Estate, 326 Pa. 358, 359, Mr. Justice (later Chief Justice) Steen stated: “. . . The right of adopted children to inherit from a kindred of their adoptive parents is dependent entirely upon a statutory enactment . . . and courts tend to a strict
Decree affirmed, costs on the estate.
This decree awarded one-half of the accrued income and one-half of the balance of the principal to the two adopted children as testamentary appointees under Howard H'olton’s will and a like amount to John M. Holton, Jr., and Mary Holton Globensky, children of testator’s deceased son, John M. Holton, under paragraph fourteenth of testator’s will.
Act of June 7, 1917, P.L. 403, 20 PS Ch. 2, App. §228.
Act of June 7, 1917, P.L. 403, 20 PS Ch. 2, App. §228.
Dissenting Opinion
Dissenting Opinion by
Is there any difference in law between the legal rights of a natural child and those of an adopted child? I personally do not see, in the enlightened jurisprudence of today, any distinction between the child which comes into the arms of its parents through the mystery of divine creation, inspired by human love, and the child who reaches those same arms through the medium of the law, guided by the same manifestation of love and devotion.
The law of Pennsylvania requires an adopting parent to provide his adopted child with the same maintenance, education and guidance which he gives to his natural child. The adopted child is bound to honor, respect and obey his adopting parents the same as a natural child is required to respond to the wishes of his natural parents. The adopted child and the adopting parents inherit and take, by devolution from and through each other, personal estate as next of kin and real estate as heirs, as fully as if the adopted child had been born into the family of the adopting parents.
Moreover, the full-fledged status of an adopted child in the family of the adopting parents is written not only in the books of the law but in the hearts of all mankind. Thus, in upholding the position of an adopted child we must keep in mind that an enlightened and sympathetic civilization insists that an adopted child must be as by descendants then living, the latter taking per stirpes,
An adopted child is not merely a creature to be loved and p.etted by his adopting benefactors. He becomes the medium for the perpetuation of the family, which is the backbone of society and the hope of intelligent progress in realizing the wholesome and peace-loving dreams of the human race.
Thus, it is with keen regret that I find the Majority of this Court denying to the two adopted children, who are the subjects of litigation in this case, the inheritance which I believe is rightfully theirs. It could be that the writer of the Majority Opinion, who is also the author of the masterful opinion in the Collins Case, 393 Pa. 195, is no less desirous than I of seeing Henrietta Duke Holton and Samuel Pearce Holton II inherit, through their adoptive father, the wealth of that father’s father, but finds, athwart the broad avenue leading to that happy devolution, the Wills Acts of 1917, which' he deems hon-passable. On the contrary, I see an open highway beckoning adoptive-children into the land of full emancipation which a generous and fair-minded people have opened to them.
Let us take a glance at the facts which have generated this ease which could have been, but unfortunately turns out not to be, the last blow of the hammer breaking the last link in the chain of technicality holding descendants in a bondage never intended by their testator-benefactors. On March 16, 1929, S. Pearce Holton of Philadelphia executed his last will and testament in which he created a $400,000 trust fund, the income of which was to be paid to his son Howard Holton for life. Upon Howard’s death and for 21 years thereafter, the income was to be distributed among the children of Howard living at the quarterly distribution periods, and children of Howard then dead represented
The will further provided that if Howard died “without leaving descendants him surviving or leaving descendants they should not survive to take principal”, then one-half of the principal of the fund was to go to Howard’s testamentary appointee or appointees and the other one-half of the principal was to be added to trusts created under the Will for John M. Holton, Jr., and Mary Holton Globensky, children of testator’s son John, who was deceased at the time Mr. Holton executed his will.
When Pearce Holton wrote his will, and even at the time of his death, April 24, 1931, Howard had no children. In 1934, however, Howard adopted a girl child, Henrietta Duke Holton, and in 1935, a boy child, S. Pearce Holton, II. Howard died December 4,1957, and on the audit of the trustees’ account after his death, his two adopted children claimed the principal of the trust fund.' Their claim was contested by John’s chil-. dren who claimed one-half of the principal on the ground that adopted children cannot claim as beneficiaries of the trust principal.
This Court affirms that adjudication.
As already stated, Howard’s children were adopted after the date of Mr. Holton’s will. If no proviso had followed the first part of Section 16(b) as above quoted, the adopted children would certainly find a closed door to the benefits of the Holton will. But the “unless” clause opens that door which the Majority feels is locked and sealed. I believe that an analysis of the language employed by Mr. Holton in his will reveals an open door policy to let in any children Howard might adopt as beneficiaries of his bounty.
When Mr. Holton drafted his will, he not only knew that Howard had no children but that, in all likelihood, his wife would bear him no children.
Of course, I know that it is not enough to show that he did not exclude adopted children. In view of the specific wording of the Wills Act as quoted, the appellants (the adopted children) must show that Mr. Holton intended to make them his heirs. The proof of that intent is not lacking.
Hp to this point, it must be quite evident that Mr. Holton did not intend that the class of beneficiaries (that is, Howard’s children) should be determined be
Mr. Holton’s will provided that the descendants of a deceased child were to take per stirpes, by representation, the interest of the deceased child. Accordingly, if Howard had had a natural born child and this child, grown up, had adopted children of his own, these adopted children would'most assuredly take under the will because in the Collins case, supra, this. Court held that the term descendants includes adopted children. Thus, this inescapable logical development produces an incongruous situation which it seems to me should be difficult for the Majority to explain away, namely, that adopted children of a deceased child (that is, the great grandchildren of Mr. Holton) may qualify as beneficiaries, whereas adopted children of Howard himself may not qualify. That is to say, remote adopted descendants can participate in the testator’s estate, but adopted grandchildren, more natural objects of the testator’s benevolence, may not participate.
If, in an attempt to explain away this anomaly, it is argued that at the time Mr. Holton drew his will, the Collins decision had not been promulgated, it is enough to say in reply that the Collins decision has
Mr. Holton specifically stated that only in the event Howard died “without leaving descendants him surviving or leaving descendants they should not survive to take principal” that the principal would then be distributed one-half to Howard’s appointees and one-half to John’s children. Here, Mr. Holton was referring to Howard’s direct descendants and not descendants of a deceased child as in the previous provisions of the will, and yet he made no attempt to limit the meaning of the term “descendants”, nor did he refer back to the previous provisions which the Majority, and the court below, rely upon as circumscribing its meaning. In not so limiting the term “descendants,” Mr. Holton clearly manifested his intention not to use the term “children” in the sense of natural children. If such had been his intent he would have also limited the term “descendants” by express limitation, or by reference back to previous provisions.
Instead of doing this, however, he provided that one-half of the principal was to go to John’s children only if Howard did not leave “descendants.” Since, as the Collins case tells us, “descendants” does include adopted children unless the contrary is shown, Mr. Holton must necessarily have used the word “children” in the same unlimited sense as he used “descendants,” and, inevitably, adopted children must come within its scope.
It is also important to note, in analyzing the will, to ascertain Hr. Holton’s intent, that in bequeathing gifts
Thus, in providing for John’s children Mr. Holton did not say that upon their death their children shall take, but that their issue shall take. In Howlett Estate, 366 Pa. 293, “issue” was defined as follows: “Issue of the body, offspring, progeny, natural children, physically born or begotten by the person named as parent. . . Unlike a child or children whose relationship to it or their parent may now be created either by physical birth or by adoption, issue strongly connotes a blóod relationship which ai’ises solely by actual birth of the child to the parent.”: Collins Estate, supra, p. 209.
And in disposing of the residuary gift to John’s children in paragraph 14 of the Will, Mr. Holton again pointed out that the gifts were made with “remainders over to their descendants in the manner set forth in Twelfth Item of this my Will. . . .” Thus, Mr. Holton, by this reference back to the terms of paragraph 12 of
Mr. Holton was not a layman employing legal language inexpertly. It can readily be assumed that he used the two different terms “issue” and “children,” with a difference in mind. Thus, he had a purpose in speaking of John’s children as “issue,” and in referring to Howard’s descendants as “children.” He knew that the term “children” is much broader in scope than “issue” and is not limited to blood relationship.
■ Justice Benjamin B. Jones spoke pertinently on this very point in the Collins case: “If we examine carefully the legal and technical words which the testatrix employed in describing the recipients of her bounty we can only conclude that she selected such words with discrimination and care. . . . Furthermore, the power of appointment given by testatrix to her ‘last surviving child’ under paragraph 4(4) was not restricted to persons of the blood. Unless it be present in the word ‘descendants’ there appears to be no restriction of dis-> tribution to persons of the blood under this will. If the testatrix did not see fit to weave into the fabric of this will a restriction of distribution of her estate to persons of blood descent does the employment of the word ‘descendants’ compel that wé do so? Neither etymologically nor legally does the word ‘descendants’ connote a blood relationship.”
In the case before us, neither did Mr. Holton see fit to weave into the fabric of his. trust provisions for Howard and Ms children a restriction of his estate to persons of blood descent. It must also be obvious from the above quotation that the word “child” or “children” would not be sufficient upon which to base such an intent. Justice Jones said further in Collins, su
All the terms of the will before us are consonant with an intent on the part of the testator to benefit Howard’s children, whether adopted or natural children. Thus, I do not see why the Majority should regard Section 16(b) of the Wills Act as a barrier shutting out Howard’s adopted children from what is plainly given to them in the will. The clear intent of Mr. Holton, as expressed in the will, breaks down that barrier. ■
The barrier is further demolished when we take into consideration: (1) that at the time Mr. Holton wrote Ms will, Howard had already been married ten years and his marriage had been childless; (2) that John’s widow herself (who is opposing Howard’s adopted children in this litigation) testified that Mr. Holton believed, because there was a doctor’s diagnosis to that effect, Howard’s wife was unable to have children; and (3) that between the writing of the will and Mr. Holton’s death, a period of two years, he never changed the provisions of his will providing for Howard’s children. Since it was clinically established that Howard’s wife would not bear children, it would have been a meaningless declaration (one not consonant with Mr. Holton’s serious purposes) for him to make provision for Howard’s children, unless, of course, he had in mind what actually occurred, namely, that Howard would adopt children.
Thus, these eloquent facts take this case into a summarization of the law as stated by the appellees themselves in their brief, namely: “In 1930, just a year before the testator died, it was summarized in the Ameri
Conceding that the above summarization of the law constituted part of Mr. Holton’s background knowledge, the result is manifest that he knew that if he displayed a contrary intent and if the surrounding circumstances substantiated a contrary intent, that intent would prevail. Therefore, he chose language in his will which clearly established, as. already discussed, that children adopted by Howard after the execution of Ms will were to be considered Howard’s children and beneficiaries of the trust provisions for them.
On this phase of the discussion it would almost seem that Justice Jones’ language in the Collins case had been written to support my dissenting opinion here, i.e., “Appellants, even though their adoption took place subsequent to the execution date of this Will, were at the time the event occurred upon which a distribution of principal was directed to be made by the testatrix— Edith C. Perry’s death — in the eyes of the law in exactly the same relationship to testatrix’s daughter as though born of her body. In the absence of any language in this will from which an intent can be inferred to limit the meaning of ‘descendants’ to persons in the blood line and in view of the broad meaning of ‘descendants’ to hold that adopted children are excluded from the terms of this will would deprive them of the benefit of the statutory declaration conferring upon them all — not some — of the rights of a natural child.
■It is true that in the case before us, we are dealing with the terms of section 16(b) of the Wills Act and the interpretation of the word “children” rather than the word “descendants”. Nevertheless, the reasoning in the Collins case is most pertinent to the issue of the testator’s intent in the instant case and when applied to the admitted parts leads to but one conclusion, namely: That the testator fully intended to benefit children adopted by Howard after the execution of the
Accordingly, I dissent.
Pearce Holton did make a generous provision for John’s children, who are quite grown-up, so that it must not be assumed that if the adopted children would prevail in this litigation, John’s children would be left empty-handed.
John’s widow testified that Mr. Holton was aware of a doctor’s report to that effect and that he' believed no children would be born of this marriage.
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