Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-12-11

widow during her life, all the property
was placed in the hands of trustees, with
direction as to the disposition of a por-
ton thereof to certain designated OBJ
| jects.
| Then begins the second division of the
| will prescribing what. shall be done
with the estate by the executors and
| trustees when the wife's life estate is
ended, introduced by these words: ION
the decease of my wife, Lucy b. Hum.
phrey. / direct the following disposition
| of the residue of my estate by my exec
utors or administrators and the trus-
| tees under this VIII" Then follow Is
clauses specifying various individuals
and institutions to whom payments shall
be made and the amount to each.
Held:
]. That the broad distinction between
vested and contingent remainderS Is
this: in the first there is some person
in esse known and ascertained, who, by
the will or deed creating the estate is
to take and enjoy the estate upon the
expiration OF the existing particular es-
tate, and whose right TO such remainder
no contingency can defeat. In the sec
ond. il depends upon the happening OF
a contingent event whether the estate
limited as a remainder shall ever take
effect at all. The event may either never
the particular estate upon which IL de-
pended shall have determined. so that
the estate in remainder will never take
effect.
. That a careful study of the will re-
veals the clear purpose on the part of
the testatoT 10 have his estate at his de-
cease converted into single trust fund
which should continue a unit during tAa
life time of his wife, and at her decease
be broken up and paid over by the exec
utors or trustees as prescribed in the
will.
s. That the disposition was not made
by the testator at the time of his death
but was 10 be made by his executors or
trustees at the death Of his wife. The
gift implied from the direction TO pay
therefore speaks as of the time of pay
ment and not as of the testator's death.
4. That for the reasons more fully set
forth in the opinion the clauses in con-
troversy are held to constitute contin-
gent remainders and therefore the sew
eral questions propounded are answered
a. said sum of $4,000 shall be paid
over as directed by my said wife. IhlS
exercising the power to dispose OF the
same by will. This she failed to do and
therefore the bequest lapsed.
h. THE sum of $1,000 shall be paid TO
my sister, the aforesaid Marcia Hum
phrey." Marcia having died after the
death of the testator and before that OF
the wife, her interest lapsed, as 1t was
contingent
c. "The sum of $1,000 shall be paid TO
Cordeia, wife of my brother Isaac b.
Humphrey" Gordelia having died be-
that of his wife, the bequest to her did
not vest and pass to her children but
was contingent and lapsed
d. The sum of $1,000 shall be paid TO
Zach of the children of my brother. isaac
and his wife Cordelia Humphrey.
All these children having died prior 20 70
the termination of the life estate, the
iek s. aoi @The @p Sum of $1,000 shall be paid 20
each of the ehilGren OF my idee Si9ti'
PAYMENT shall be made to the children
living at the death of Lucy l. HUH I
phrey. viz: Elizabeth T. Cunningham anu
F. f. 5000 Shall be paid to my brother
Dana b. Humphrey.
Harriet Croweli. - -. -. ,b,
date of the death of this legatee. II thls
occurred subsequent to the ueatn VI
Lucy l.. Humphrey, payment should e t
mace to the administrator OF the es.deg
| of Harriet Crowel. otherwise the legacy
| This Iegatee having died before the
| termination of the life estate, the legacy
G. $1,000 shall be paid to my niece Mrs
| lapsed. ooo =. .o1to pa,.
| tist Theological Seminary situate II
Newton in the Commonwealth oil Massd'
+ chusetts for the endowment oil pfoies
sorship of elocutiou'' should be paid u
the Newton Theological Institution ths
correct corporate name of the institution
evidently intended.
/ X For the same reason the beauest o
| sla0ao to the Baptist Missionary uniol
| of Foreign Missions" should be paid t
| the american Baptist Foreign MISSION
| airy Society. Bill sustained. Costs m
| Guiding reasonable counsei fees 10 De al
| lowed the parties, paid by the trustees
and charged in their probate account.
/ Decree accordingly.