, 1877-07-29
TIE NEWBERRY ESTATE
Important Decision Of Judge Williams
on the Interpretation Of
the Will.

1MpoItanL ueclsI0u ol Judge Wul1aW
On the Interpretation Of
the Will.
He Holds that the Collateral Heirs Ar
Now Entitled to Their
Share.
Judge Williams yesterday rendered de
cision on tue demurrer to the bill OF Henry "
Newoerry and others against E. w. Blatvhfort
aud w Il. Bradley, trustees Of the Newberry
estate. Mr.. Walter l.. NewbcrrY, 1t will be re-
membered, died several years ago, directing,
among other things, that IN case his two
daughters died without issue, then Immediately
alter his witc's death, or II she did not survive
his daughters. at their death, his Trustees we're
to divide his estate iuto two equal shares. One
OF these shares was to be divided among the
lawful descendants of his brothers and sisters,
and the other was to be devoted to
founding public library in the
North Division. His widow, after his
death, renounccd her share under the will,
and chose to take her dover under the laws Of
this State. Both his daughters have died, and
Il short time -go lis remaining hcirs-the de-
scendants Of his brothers and sisters-dled q
bill, asking to have the estate divided according
to the terms Of the will, and claiming that Mrs.
Men berry having renounced under the will, her
estate was fixed, and that the remainder over to
them was accelerated. In other words, that, by
her taking her dover, and By the death Of her
daughters, they were entitled at the present
time to the hall Of Mr.. Newberry's estate, aud
were not obliged to wait until Mrs. Newberry's
deccase. The Trustees we're advised by their
counsel that the estate could not be
divided until Mrs. Newbery's decease;
and, In order to have the question
decided by legal tribunal, they have
contested it, though not desiring to willfully
do anything to prevent the establishment Of
the proposed public library. The con,plainapts
also claimed that tie words "suryiyiag de-
scendants," as usel in the will, meant those
surviving after the dccease OF the daughters,
and that Mrs. NeWberry having ~ her own yol-
untarv act eliminated fom the will her testa-
mcntary estate, it was as to them the same as
though her natural life had becn extingushcd,
nntl that the antcGeaent life estate being gone
their estate was accelerated.
Judge Williams, iu deciding the case. said
there was no rule more imperative than that the
intention OF the tcstator, as it could be asccr-
tnineu from the will, should govern. The old
it controlled, not apparent
from the instrument, then his wish was sup
posed to be better clTectuatel by having sur
rcferr.1 to the time Of his own de-
cease. Those cases which had apparently held
this way only did so to better curry cut the in
tent;ons Of the testator IN each case. Since the
lerision in the celebrated case Of Cripps vs..
Nolcott, which oyerruled the former authort- |
ties, the rule was that in the absence Of any
hing in the will disclosing an intention on tile
%n$N 49,
:lcular time, it must be presumed that the tes-
ator referred to the period OF distribution, !
md that, in case there WAS tenant for life,
yas the death Ut such tenant
THE NEXT srEr,
therefore,, was to see whether Mr.. NewbeEry had |
hown any Indications Of limiting the survivor
hip in point Of time. He first wished to pro-
ile fur his own immediate family; tiat failing.
or lis collateral Kindred and lastly, in certain
rays, for his fcllowctiztns. The Ne~bcrry
ame and blood were dear to him, as was shown
y his will. He also showed an attachment for
is home, Chicago. II, then, he showed an Mt
achlnent for his homo and kindred, and he had
1ade deVises Tor their benefit, the natural in t
srence would be that he desired to have such
evlscs take effect 1t the earliest possible mo-
as likely he would have EXPRESSED it
the will. As to the division of
is estate between his collateral
inbred anil the public library, Mr. Newocrry
sue then Immediately after the death Of my
ifc, ii size survives my daughters, but il not
len Immediately after the last surviving one vi !
y said daughters" tie Trustees were TO d.
de the estate and tat onre" distribute, etc.
he other share was to be applied las souu as
lblic library. The use OF the words sim
ediately,':" ONE" aud ''as suon Us czln
be done" were al at yar:an G With
'e idea that the testator desired that
~ III t4sr 4
te. Nowhere was it provided that
,e estate was to accumulate in the Trustees
nls, and if the testator had so wished he |
ouid have SO SAID. And as soon Us it be:atnc
solutely certain that no one Ut his immediate
1nily or lineal descendants were to enjoy his
rtune, ''then immediately" "at once,'' his
ustees were to distribute it. The use Of the I
>rd "surrye' showed that tic testator re- I
rrcd TO the deatL of his daughters, not to that .
bis VIE. That View supported the well-sct-
st ut the earliest possible period, unless there
is clear intent to the contrary. II, then, his
lighters died without issue, his collateral kin q
I'll became vested with moiety OF
estate, and had present capaclty =
cant. The mcaecr estate given bis wife, aud b
1t only for life, showed, in connection with {
Ter provisions, purpose on the testator'S y
TT to preserve his estate for his linel OF col
eral descendants and Tor the public charity,
ll4G Ills Wig as 1ltLlE III COA44 ltuA lOI us !
ef d period as possible. Bu. Ind Mrs. New v
.rY taken unler tue will, no distribution Q
uld at present be had; first. because the will II
; clear that three Ives must terminate oefore
tributlon and. second, in the nature of things
division could be had SO long a5 the Widows
estate existed.
3ut the law ol accelerated remainders In the ! +
scnt insran.e e came in IN favor OF the COM X
Inants, and vested them with al estate The Ii
lciple WAS that glft to 4 for life, and from
after tile decease Of A, to t, &, D, or nry-
}y else, meant from and after the determine u
] OF tho estate, aud whether the estate was "a
ertuinc.: Dy reyo .at.on or By death. or bY the =
lpacity Ut the deyiscc to take, or by any 9TH
circumstance. the life estate beng out of the -
:, the remainder took effect, having only i,
u postponed that the life estate might be :.
en to a. Mrs. Newbcrry's life estate in the
sent instance having determined. 1t was very --
II that the remainder over to the complain
$ was accelerated, and that they ";
WERE ENTITLED TO TAKE. ne
Judge said he felt very clear on that SUBJ
!. The law had been for 800 years that il the y
estate failed for any cause, the estate Of u
remainder was accelerated. The Judge =
ted long list OF authorities in support Of
view, and carefully and ably criticised and ~
fnguislled them. Any interest In the tenant n.
life, which postponed the possession OF the i"
te from such persons as, but Tor the life in oo
st, would be entitled thereto, was sufI1- 8 s
+ "intermediate estate" to support the doc -
e Ct acceleration. Mrs. Newbery's reuuu- III
ion Of her tcstamentary estate blotted it out -
as though It had never existed.
conclusion, the Judge said that the inter- Flu