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Old Colony Trust Co. v. Treadwell, 312 Mass. 214, 43 N.E.2d 777

Facts

Emily T. Phillips created a trust under her will, providing for the distribution of income to her three nieces: Ann L. Treadwell, Caroline R. Treadwell, and Grace W. Treadwell. Upon the death of her husband, the income from the trust was to be paid to these nieces. Caroline died intestate, leaving Ann as her sole heir, who later also passed away, leaving her estate to others. Grace W. Treadwell remained alive and was receiving income from the trust until the dispute arose regarding the distribution of the income after the deaths of her co-beneficiaries.

The testatrix died on April 12, 1890. She was survived by her husband, W. Quincy Phillips; Caroline R. Treadwell and Ann L. Treadwell (later Shackford), daughters of her brother George L. Treadwell; Grace W. Treadwell, daughter of her brother William H. Treadwell; two daughters of her brother John P. Treadwell; and by a nephew, Frederick P. Treadwell.

Issue

The main legal issue is whether the income from the trust estate should be distributed solely to the surviving niece, Grace W. Treadwell, or if the shares of the deceased nieces should be treated as intestate property and distributed to their respective estates.

The executors of the will of Ann, the administrator of the estate of Caroline, and the residuary legatees under the will of Ann appealed. It is their contention that the gift of the income of the trust estate to the three named nieces was not one to them as a class, that the survivor is not entitled to the entire income, and that the respective shares formerly payable to Caroline and Ann did not pass upon the death of each as intestate property but are payable to the respective representatives of their estates.

Rule

The court applied the principle that a will should be construed to avoid intestacy and to give effect to the testator's intent, which is determined from the entire instrument and the circumstances known at the time of execution.

It is well settled that a construction of a will resulting in intestacy is not to be adopted unless plainly required; and it is to be presumed that when a will is made the testator intended a disposition of all his property and did not intend to leave an intestate estate.

Analysis

The court analyzed the language of the will and the relationships among the beneficiaries, concluding that the testatrix intended for the three nieces to take as a class rather than as individuals. The absence of provisions for division among them and the context of their relationships supported the interpretation that the income was to be paid to the surviving niece without accumulation for the deceased beneficiaries' estates.

The present case falls within the principle of such cases as Fitts v. Powell, 307 Mass. 449, 452, 456, 30 N.E.2d 397, and New England Trust Co. v. Berry, 310 Mass. 35, 39, 36 N.E.2d 408, and cases cited, and we are of opinion that the testatrix intended her three nieces to take as a class and not as individuals.

Conclusion

The court affirmed the decree that all net income from the trust estate is payable to Grace W. Treadwell, with the exception of certain income accumulated prior to Ann's death. The court found that the testatrix intended for the income to be distributed to the surviving niece.

In the foregoing circumstances we are of opinion that it was the intention of the testatrix to benefit her three named nieces as a group, that the trust estate should be held until the death of the survivor and that the income therefrom should be wholly payable to them and to the survivors or survivor of them.

Who won?

Grace W. Treadwell prevailed in the case because the court determined that the testatrix intended for the income from the trust to be paid to the surviving niece, thereby rejecting the argument that the income should be treated as intestate property.

Grace W. Treadwell prevailed in the case because the court determined that the testatrix intended for the income from the trust to be paid to the surviving niece, thereby rejecting the argument that the income should be treated as intestate property.

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