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Keywords

willappellant

willvisaappellant

Related Cases

Byrnes v. Stilwell, 58 Sickels 453, 103 N.Y. 453, 9 N.E. 241

Facts

John W. Gilbert executed a will in 1827, bequeathing property to his daughter Maria for her lifetime, with the remainder to her children. At the time of Gilbert's death, Maria had six children, and after her husband's death, she had four more. Maria died in 1882, leaving eight children, three of whom had died without issue before her death. The legal question arose regarding whether the deceased children had a vested interest in the property despite dying before their mother.

The will was executed on the thirteenth day of February, 1827, and the testator died in or about 1828. The devisee, Maria, at the time of the testator's death, was the mother of six children…

Issue

Did the three children of Maria, who died before her without issue, retain a vested estate in the property bequeathed to them under their grandfather's will?

The question we are called upon to determine is whether either of the three children who were living at the death of the testator, but who died during the life-time of their mother, without leaving issue, took, under the provisions of this will, such a vested estate in the lands as was alienable or devisable by them, or descendible from them.

Rule

The intention of the testator, as expressed in the will, is the controlling element in its construction, and an estate in fee cannot be limited by subsequent clauses unless the language is clear and decisive.

The intention of the testator, which is to be derived from the language employed in the will itself, which is to be interpreted in the light of the surrounding circumstances, is the controlling element in the construction of wills…

Analysis

The court analyzed the language of the will, noting that it did not contain any words of survivorship or limitation that would suggest the shares of the deceased children would pass to the surviving siblings. The court emphasized that the testator's intent was to provide for all of his daughter's children, and the absence of limiting language indicated that each child had a vested interest in the property.

It is apparent that the devise in question was a remainder in fee to the children of the testator's daughter, subject to open and let in children born after his death…

Conclusion

The court concluded that the children of Maria who died before her retained a vested interest in the property, and the judgment of the lower court was modified to reflect this finding.

It follows that the court below was in error in its conclusion, and the judgment should be modified in accordance with this opinion, with costs to the appellant, to be paid out of the proceeds of the sale.

Who won?

The appellant, representing the interests of the deceased children, prevailed because the court found that the will's language supported their vested interest in the property.

The learned judge, at special term, found that they did not; and that the remainder which, upon the death of the testator, vested in these children of his daughter Maria, was subject to be and was divested by their death before their mother, without issue…

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Keywords

Related Cases

Baker v. National Sav. & Trust Co., 181 F.2d 273, 86 U.S.App.D.C. 161

Singelman v. Singelmann, 273 Ga. 894, 548 S.E.2d 343, 01 FCDR 2407, 01 FCDR 1852

Andrews v. Rentz, 266 Ga. 782, 470 S.E.2d 669

In re Estate of Angle, 777 A.2d 114, 2001 PA Super 144

Brinker v. Humphries, 194 F.2d 350, 90 U.S.App.D.C. 180