The Providence news. (Providence [R.I.]) 1891-1906, 1900-04-04
MRS. ALIENS WILL.

MRS. ALLEN > WILL.
Phebe Allen died in 1866 leaving a
will that gave all her. estate real and
personal to Sullivan Dorr, his heirs and
assigns. The income was 10 be paid 10
the testatrix's husband for life and up
on his death provided he should sur
vive the testatrix's sons Philip and
Charles Il. and the issue of each. to
dispose Of the estate as the husband
should ". will appoint. After making
further provisions in regard 10 the dis
posal of the property I'm case OF death
OF sons without children. the recftal rs
made that the testatrix's husband and
sons are deeply insolvent and the state
ment made that IT is the testator's pur-
pose to provide for their proper all
ment and support A provision In sup
port OF this idea is made TO the erect
that IL any OF the income OF husband
or sons be alienated or taken by cred
itors I'm proceeding TO collect their
debts trustee is To terminate the trust
as to the party 10 transferring ms M
come and to give the property no the
party next entitled TO IL.
The testatrix's husband survived her
and died in 1865. The son, Iiilip, died
in 1873. without issue. and the son.
Charles. i'm 1899. leaving issue. Sulli-
van Dorr acted as trustee until his
death in 1884. since which time the
petitioner. william Ames, has acted In
that capacity.
QUESTIONS OF LAW.
The question of law upon which the
opinion of the court is asked are. in
word. as follows:
First-If Charles Il. Allen had paid
ALI his debts not barred by the statute
of limitations, would the trustee un-
der the will and codicil thereupon have
terminated the trusts under the VIII
and codicil and would II have become
the duty of the trustee to. convey the
property TO the parties entitled to take
the same upon the termination or the
trusts?
Second-Upon the termination OF the
trusts, what estate would Charles Is.
Allen have taken in the real and per-
sonal property held thereunder?
1t is stipulated, for the purposes NJ
this hearing that Charles IL. Allen did
pay all his debts not barred by the
statute OF limitations.
Edwards & Angeh appear for Mary
w. Allen and they urge that the sole
object of the testatrix was TO protect
the property of her husband and sons
from creditors, and IL the time ever
came when the property could not be
subject 10 creditors. the trust was 70
terminate. They argue that IL did
terminate as to Charles II. Allen by
his payment of his debts, and the trus-
tee should have transferred TO Charles
II. Allen a fee simple estate in the
realty and am absolute estate i'm the
personality.
James w. Ripley and John Henshaw.
counsel for the children of Charles II.
Allen, maintain that under the codicil
the trustee could only convey the es-
tate given under the will. That the
will only gave the surviving son the in
come. rents and profits during his life:
therefore. II the trustee. assuming the
termination OF the trust made con-
veyance to Charles b. Allen, the sole
surviving son. such conveyance could
not carry more than life interest.
Mary Allen Is the widow OF Charles
Il. Allen and was his second wife. III
the estate her husband took was one OF
fee simple she gets dover. III he took
only a life estate she Is not entitled to
dOwer