The independent-reporter. [volume] (Skowhegan, Me.) 1909-1955, 1921-04-14

tiCuldT drllcleS Is OLuerWlSe lSpo5e
of in this will.
All of these things of hers are dear
indeed to me and l desire said Flor
ence and her daughters to keep and
use them with care, In remembrance of
my lear wife"
Held. l.. The question whether the
money and coins described and listed
in Exhibit B were the property of the
deceased wife. of the testator we must
decline to answer 1t is one purely of
fact and is not within our province in
this proceeding for the construction OF
the VIII.
3. The items contained in Exhibit
B, assuming them to belong to the
testator, were not covered by the
terms of the bequest. 1t was the evil
dent intention of Mr.. Stewart to be-
queath not money but articles in the
nature of keepsakes, valuable because
of Their personal associations and not
of their pecuniary worth. The enumer-
alton of certain articles such as per-
sonal apparel, jewelry, etc, restricts
the general words to articles of the
same class as those enumerated and
does not include money.
3. From the personal and intimate
nature of the ~porperty itself, the ten
der reference to it made by the tesla
tor, mad from the relation of the lega-
tees to one another, the inference is
clear hat Mr.. Stewart desired that
these articles should be kept together
and treasured by the legatees as a
class. as a family, and in the case of
the death of any legatee that the sur
vivors should take. Helen having
died. her mother Florence and her sis
ter Mary, take as survivors.
V. Item u is as follows: T said
Closson C. Hanson l give in trust for
himself and wife and children, as may
suit the needs and wishes of each, the
Libraries in my house n rooms below
and above, and all books, magazines,
papers, etc, and all articles of person.
al property in said house not herein
otherwise disposed of; and also all
personal property of every kind in my
stable and buildings, not heretofore
mentioned.
HELD: l. This is a valid trust.
There is no rule of law which pre-
vents a person from acting as trustee
for himself and others.
2. Nor is the gift void for uacer-
tainty.
3. This being an immediate gift in
trust to a class, those take as benfic-
iaries who were living at the testator's
death. namely. Closson c., Florence
NJ, Glenn and Mary Hanson.
4. The notes, mortgages, certifi-
cites of stock, contracts of sale and
checks, all of the appraised value of
nearly a half million dollars, found in
the house at the testator's death and
listed in Exhibit C, did not pass under
this item. By articles of personal
property was meant goods and chat
tells not money nor securities.
VI. Item % disposes of the Min
nesota property, which came to David
from h S brother, Levi.
He'd. /. The same questions are
involved here as in item }, already
considered. and the Same parties take
as under that item for the reasons al
ready stated.
2. The power of sale given to the
plaintiff therein is valid.
3. The question as to who holds
the real Utle 10 Sdlu real eo'dAc VIC
deem it unnecessary to answer. 1t
NAV depend upon the rules of law
and the statutes obtaining in Mime
sofa, where the land is situated.
Moreover, it is an academic rather
than a practical question.
VII. Item %. This item disposes
OF Minnesota real estate standing in
tho testators name, and the answers
given in items 8 and % are applicable
here.
VIII. Item "a. This item concerns
t~estators real estate in Maine, and the
answers to the questions involved in
items 3. % and % cover this.
*. There is no %undisposed res
dunn. Mr.. Stewart intended to
create. nome, and there is no residu-
arv clause. He s o framed his will that
item 3 was made to perform some
what the function of a residuarv
clause through which as a conduit, all
his property was to pass, except in
case of special gifts. There has been
no ademption Of %legacies except of
those paid by himself in his lifetime;