A testator bequeathed to four daughters the sum of $20,000
apiece, to be invested in public securities and held in trust by
his executors for his said daughters respectively, and the income,
as it accrued, applied to their several use and benefit, and
directed that "from and after the intermarriage of any of them,"
the executors should hold the securities "belonging to the said
daughter so marrying in trust for the following purposes," namely,
for the maintenance of her and her husband and the survivor of them
for life, and after the death of both "for such issue as she may
leave at the time of her death, and in case she shall die without
leaving such issue," then for her surviving sisters and the issue
of any deceased sister, and declared his intention that both
principal and income should be free from the control of any
husband, "and, the better to secure the payment of these my
daughters, fortunes," directed that if a fund appropriated to the
payment of debts and legacies should be insufficient, his whole
estate should be charged "to make up the deficiency to my said
daughters."
Held that the principal of the sum bequeathed
to a daughter, who never married, vested in her absolutely, and
passed by her will.
Page 137 U. S. 522
This was a bill in equity, in the nature of a bill of
interpleader, for the construction of the will, dated July 1, 1824,
of John Tayloe, by which, after providing for his wife, giving an
annuity of $1,200 to a daughter-in-law, making a devise to a
grandson, and devising and bequeathing the greater part of his
lands and personal property to his six sons, he provided for his
daughters as follows:
"Having, at the time of the intermarriage of my daughter Mrs.
Henrietta Hill Key, settled upon her ten thousand dollars, I give
and bequeath to the said Henrietta ten thousand dollars more to be
settled upon her, to her own separate use during her life, and
after her death upon her children and their descendants. I wish,
however, to be taken, as a part of the ten thousand dollars now
bequeathed, about fifteen hundred and seventy-two dollars ninety
and a half cents, which I paid on account of her husband a short
time since, and for which a settlement of slaves has already been
made upon her. And also any other sums of money which I have
heretofore paid or may hereafter pay or become liable for on
account of her said husband. These sums are to form a part of the
ten thousand dollars hereby directed to be settled, and are not to
be taken in addition thereto."
"I give and bequeath to my daughters Catharine, Elizabeth M.,
Virginia and Anne O. Tayloe twenty thousand dollars apiece, to be
vested in United States Bank stock or in government securities,
which stock or securities I do hereby direct that my executors
hereinafter named shall hold in trust for my said daughters
respectively, and shall apply the dividends, interest or profits of
the said stock or securities to the use and benefit of my said
daughters Catharine, Elizabeth M., Virginia and Anne O. Tayloe
severally and respectively, as the said dividends, interest and
profits shall accrue, and from and after the intermarriage of any
of them, then my said executors shall hold the said bank stock or
other securities belonging to the said daughter so marrying, in
trust for the following purposes, that is to say in trust for the
maintenance of her and her husband during their joint lives, then
in trust for the survivor of the said husband and wife during his
or her life, and after the
Page 137 U. S. 523
death of such survivor, then in trust for such issue as she may
leave at the time of her death. And in case she shall die without
leaving such issue, then in trust for her surviving sisters (my
other daughters) and the issue of any deceased sister, such issue
taking such share as the deceased sister whom they represent would
have taken had she been alive to take. And it is my intention that
the said stock and securities, as also the dividends, interest, or
profits thereof, shall be utterly free from the power or control of
the husbands of my said daughters. And the better to secure the
payment of these my daughters' fortunes, I do hereby direct that if
the funds hereinafter particularly appropriated for the payment of
debts and legacies shall be insufficient for payment of debts and
legacies, my estate generally must be charged to make up the
deficiency to my said daughters."
He then set apart, as a fund for the payment of debts and
legacies, certain real and personal estate, and all the residue of
his estate of every kind not specifically devised or bequeathed,
and gave to his sons any surplus of this fund remaining after
payment of debts and legacies.
By a codicil dated March 4, 1825, he provided as follows
"James Baker, Esq., having intermarried with my daughter
Catharine, I have given him, in part of the fortune intended to be
bequeathed to my said daughter, the sum of five thousand dollars,
and my said son-in-law having expressed a wish that all the rest of
the fortune intended for his said wife should be settled upon her,
I have annexed this codicil for the purpose of carrying that wish
into effect, and do hereby declare that all estate and interest
whatsoever bequeathed by my said will to my said daughter Catharine
(except the five thousand dollars given as aforesaid in part
thereof) shall be taken and received to be in trust to my said
daughter Catharine to her separate use and to her representatives,
as designated and limited in that clause of my will in which I have
made provision for my daughters, it being my intention that no
further part of the said Catharine's fortune shall be enjoyed by
the said James Baker, but as the separate estate of his wife."
The will and its codicils were admitted to probate March 14,
1828.
Page 137 U. S. 524
The case was set down for hearing on bill and answers, and was
as follows: John Tayloe's daughters Catharine, Elizabeth M. and
Anne O. married and died, leaving children or grandchildren. His
daughter Virginia died unmarried, leaving a will by which she
bequeathed the sum of $20,000, bequeathed to her by her father, to
a daughter of Anne O. The question presented to the court was
whether by the will of John Tayloe this sum vested in his daughter
Virginia so as to pass by her will, as her legatee and
administrator contended, or, as contended by the grandchildren of
Elizabeth M., went, upon the death of Virginia unmarried and
without issue, to her sisters or their issue.
The court entered a decree in favor of Virginia Tayloe's
legatee. 5 Mackey 443. The grandchildren of Elizabeth M. appealed
to the Court.
Page 137 U. S. 525
MR. JUSTICE GRAY, after stating the case as above, delivered the
opinion of the Court.
The decision of this case depends upon the true construction of
that paragraph in John Tayloe's will by which he bequeaths
Page 137 U. S. 526
to four of his daughters the sum of $20,000 each. Neither the
other paragraphs of the will nor the codicils appear to us to have
any material bearing.
The testator begins by giving and bequeathing to each of these
four daughters the sum of $20,000 to be invested in United States
Bank stock or government securities, which he directs his executors
to hold in trust for his said daughters respectively, and to apply
the income thereof, as it shall accrue, to their several use and
benefit. Had the testator stopped here, there could be no doubt
that the bequest to each daughter of the principal sum, and of the
income thereof, vested in her the absolute property in that sum,
which would pass by her will, or, if she died intestate, to her
representatives.
Page v. Leapingwell, 18 Ves. 463, 467;
Adamson v. Armitage, 19 Ves. 416, Cooper 283;
Garret
v. Rex, 6 Watts 14;
Fairfax v. Brown, 60 Md. 50. The
last sentence of the paragraph, by which the testator, if a fund
afterwards appropriated for the payment of debts and legacies shall
be insufficient, charges his whole estate with the payment of
"these, my daughters' fortunes," and "to make up the deficiency to
my said daughters," tends to the same conclusion.
The operation of such general words to pass an absolute title
may doubtless be restricted by a context manifesting an intention
that the legatee shall take an estate for life only.
Wetherell
v. Wetherell, 4 Giff. 51, and 1 De G., J. & S. 134;
Sheets' Estate, 52 Penn.St. 257. The real question,
therefore, is how far the intermediate provisions, in the paragraph
under consideration, restrict the effect of the general words of
bequest to the four daughters.
The testator introduces those provisions by directing that "from
and after the intermarriage of any of them," his executors shall
hold the stock or securities "belonging to the said daughter so
marrying, in trust for the following purposes," expressed in three
sentences: 1st., for the maintenance of her and her husband and the
survivor or them for life, and after the death of both "for such
issue as she may leave at the time of her death;" 2d., "and in case
she shall die without leaving such issue," then for her surviving
sisters and the issue of any
Page 137 U. S. 527
deceased sister; 3d., the testator declares it to be his
intention that both principal and income "shall be utterly free
from the power or control of the husbands of my said
daughters."
By the order and connection of these sentences, and by the
natural and grammatical meaning of the words used, none of them
applies to daughters who never marry. The preliminary supposition
or postulate that "from and after intermarriage of any of them,"
the executors shall hold the stock or securities "belonging to the
said daughter so marrying, in trust for the following purposes"
underlies and attends all the provisions by which those purposes
are defined. Of those provisions, as above classified, the first
and the third, making mention of husbands, cannot possibly apply
except to married daughters, and immediately after the last words
of the first, by which upon the death of a married daughter and her
husband her share is to go to "such issue as she may leave at the
time of her death," follow the words, "and in case she shall die
without leaving such issue," which define the event in which the
second provision shall take effect. In this connection, the word
"she" in the singular, and the words designating her issue, relate
grammatically as well as naturally to the married daughter and her
issue, just mentioned, and not to the four daughters, married or
unmarried, and to issue of unmarried ones. The three provisions,
whether viewed separately and according to the letter or as a whole
and according to the manifest spirit and intent, all have one aim,
and one only, that the share of any married daughter -- the income
only being received by herself and her husband for life -- shall
never pass into the husband's ownership or control, but shall vest
in her issue, if she leaves any, otherwise in the testator's other
daughters or their issue. The general design of the testator is
manifest to give all his daughters equal portions; the provisions,
with regard to the shares of those who marry, are not inconsistent
with this design, but are intended to preserve the benefit of the
bequest to the daughters and their children, and those provisions
do not affect the absolute title of a daughter who never marries.
This conclusion is in accord with a long line of English
decisions
Page 137 U. S. 528
or high authority in similar cases.
Whittell v. Dudin,
2 Jac. & Walk. 279;
Hulme v. Hulme, 9 Sim. 644;
Winckworth v. Winckworth, 8 Beavan 576;
Gompertz v.
Gompertz, 2 Phillips 107;
Lessence v. Tierney, 1
Macn. & Gord. 551, 2 Hall & Twells 115;
Corbett's
Trusts, H.R.V.Johnson 591;
Kellett v. Kellett, L.R. 3
H.L. 160, 168-169.
See also Gulick v. Gulick, 10 C.E.Green
324, and 12 C.E.Green 498.
The court below therefore rightly held that the principal of the
sum bequeathed to Virginia Tayloe, who never married, vested in her
absolutely, and went to her legatee.
Decree affirmed.