Opinion
Decided June 26, 1930.
A general intention of a testator that a considerable part of his estate should be held in trust indicated a like intention as to a gift over for life after the death of a cestui que trust. A trust for life is not annulled by the fact that the life beneficiary thereunder has become the sole residuary legatee of the bequest subject to claims against the estate of the other residuary legatee in respect to a half interest in the reversion.
PETITION, for advice as to the construction of the will of the plaintiff's decedent, Joseph G. Warren.
The will contains the following provisions.
"Second. I give and bequeath unto my beloved wife, Nellie E. Warren, ten thousand dollars in trust, interest to be paid her semiannually as long as she lives."
"Third. I give and bequeath to my beloved daughter, Josephine G. Herrick, ten thousand dollars in trust, interest to be paid her semiannually as long as she lives."
"Fourth. I give and bequeath to my beloved daughter, Josephine G. Herrick, five thousand dollars. In her own right, she can dispose of it as she wishes."
"Thirteenth. I desire that the ten thousand dollars that I gave to my wife in trust, shall go at her death to my daughter and then from her to her daughters, Gertrude L. Herrick and Florence Jane Herrick and to their children."
"Fifteenth. After paying all my just debts and legacies, I give and bequeath the remainder of my estate to my said wife, Nellie E. Warren, and my said daughter, Josephine G. Herrick, to be equally divided between them."
"Twenty-fifth. I will appoint Dr. Augustus Papineau of Waltham, Mass. trustee of the ten thousand dollars I gave to my wife, also the ten thousand dollars I gave to my daughter."
Nellie E. Warren is now deceased, intestate, and the plaintiff is her next of kin.
The questions presented are whether the bequests given to the plaintiff under the third and thirteenth clauses of the will are to be held in trust during her life.
Transferred without ruling by Scammon, J.
Orville E. Cain, for the plaintiff.
The testator evidently intended that a considerable part of his estate should be held in trust, and it appears that he also intended to provide by clauses two, thirteen and twenty-five that the trust in the fund there mentioned should continue through the life of his daughter. The trust continues as long as he intended that it should. Treadwell v. Williams, 74 N.H. 311.
The trust created by clause three is not annulled by the fact that the life beneficiary thereunder is now the sole owner, subject to claims against her mother's estate in respect to a half interest, of the reversion of the fund after the termination of her own life interest as cestui que trust.
The petitioner is advised that each fund is to be held in trust during her lifetime.
Case discharged.
ALLEN, J., did not sit: the others concurred.