St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-08-22

Manner in Which the Debts of the
Estate Should Be Paid-Modi-
ffcation of the District Courts
Judgment Powers of a
Quorum of the Common Coun-
Gil.
The case of Marge, Hale ct al. re
spondents, against The City of st. Paul
ct al, defendants; William B. Hale ct
al, appellants. was the most interest
ing of the several cases. decided by the
justices of the Supreme court yesterday.
1t was an action brought in the district
court by the executors of the will of
Henry Hale, deceased. against the dew
iseeS and legatees to secure judicial
determination as to the construction of
the will in certain particulars, and
hence as TO the duties of the executors.
1t is related that the appraised value
of the estate. real and personal, was
S1.205, 4S1. 40, but by the second item III
the will certain real and personal
property was given absolutely to the
wife, and the appraised value Of the re-
mainder of this estate, with which this
controversy is connected, was real
estate, $T770,05O. and personal property.
S74.33l. making total of SS44.3Sl.
There were Ell tumbTanceS amounting
to SITS, 600, anC of this amount $4,000
became due in November, 1891, and
$4,000 will mature in August, 1893.
SIS in 1896, but this has been as
sumed by the widow and will be paid
by her out of her estate. The testat0r
also owed unsecured debts which have
been paid out OF the PERSONAL estate.
The question at issue is whether the
debts and the specific legacieS given are
to be paid only out OF the income of the
estate, or whether the principal or body
of the personal estate, and, If neceS-
sary, the real estate, may be appropri-
ated for the payment of the debts.
The will was construed by the district
cour THAT the debts were to be paid as
they fell due out of the income of the
estate, and not out of the principal except
as qualified.
The conclusion of Justice Dickinson
is that the judgment OF the district
court should be modified so as to con-
form to the construction of the will.
The form of the amended judgment to
be entered in the district court will be
settled before a judge of that court.
The costs of the appeal should be paid
out of the estate. The syllabus fol-
lows:
4 will disposing of large estate pro-
yided for the estate being held in trust
ana administered during a possible
period of twenty-five years. before final
distribution to the resi- iuary legatees
and deVlSees.
There were debts to large amount,
some of which greatly exceeded the
yearly income of the estate.
The testatOr gave 10 various persons
and charities legacies of specific
amounts, mostly payable i'll ten annual
installments.
He then lin item 1S) gave TO two
brothers and to his widow. each, for life
OF during the trust term Of twenty-five
years, one-fOurth of the met income o.
my estate, subject to the payment of my
debts and the legacies and lnstallments
of legacieS above mentioned as they
shall fall due" and tby item l9) he gave
to certain other kindred the remaining
one-iourth of said net income, subject
to the payment of the debts and lega-
cies aforesaid"
The above recited provisions con-
Strued as subiecting the Income" and
not the ESTATE" to the payment of the
debts and tiXea legacies: the remainder
Vi tue ll.COlle, dller SucD dDDIlcatlOn,
being the met income" bequeathed by
items Island 10 of the will.
Will further construed (other impOr-
tant provisions being referred to- as con-
templating that the administration of
the estate during each year should be
treated as an entirety or by itself; each
years income being used first TO pay the
annual installmentS, or the fixed lega-
cies payable in that year, and the debts
which may fall due in the same year,
the remainder of that years income be-
Ing payable to the legatees named In
items Is and 10. The will did not con-
template an accumulation or reservation
of any years income to pay legacies Or
debts to fall due in any succeeding
year.
1t did not contemplate that mortgaged
real estate should be the primary fund
for the payment of the mortgage debts.
A construction of a will is not to be
preferred which greatly restricts, to the
advantage OF more remote beneficiaries,
the provisions which may we'll be re-
garded as having been made in behalf
of nearer and more favored objects of