Frost v. Blackwell

The language of the will in question in this cause interpreted to indicate the intended payment of a debt or obligation, and not the gift of a legacy.

On appeal from a decree of the court of chancery advised by Vice-Chancellor Lewis, whose opinion is reported ante p. 184-. • The bill is filed by the substituted trustee and administrator with the will annexed of Sophia H. B. Blackwell, deceased, for a construction of her will and codicils and for directions in relation to the performance of the trust. So much of the will as is material to the controversy is as follows: “Sixth. I also give and bequeath to my nephews, Birney Blackwell and Frank B. Blackwell, Jr., all the surplus, which may remain from the sale of property deeded by me to Helen B. Howard or Rodman after the payment of the debt due by me to my husband, William T. Blackwell; which said property is situated in Bay City, Michigan, and was conveyed by me to said Helen B. Howard or Rodman as security for said debt. If the whole of said property shall not be sold to pay such debt, I give, devise and bequeath such property as shall remain unsold after such payment, to my said nephews absolutely and forever, and I direct that said property shall be conveyed to them by said Helen B. Howard or Bodman. “Seventh. All the rest, residue and remainder of my property, I give, devise and bequeath to my executor hereinafter named in trust, nevertheless for the following uses and purposes, to wit: First, to invest and reinvest the same and to pay the income thereof to my husband, William T. Blackwell, as long as he shall live; second, after the death of my said husband, I direct that said property shall be divided by my said executor between my nieces, Alice B. Blackwell and Jennet D. Blackwell, equally, share and share alike, or the issue of such as shall be dead, a child or children taking his, her or their mother’s share.” The first codicil, dated May 15th, 1903, contains the following provisions: “First. I direct my executors named in my said will to pay to Helen B. Howard or Bodman the sum of ten thousand dollars ($10,000) upon her deeding to my nephews, Birney Blackwell and Frank E. Blackwell, Jr., all the property deeded by me to her and situated in Bay City, Michigan. The said property in Michigan was deeded to said Helen B. Howard or Bodman by me as security for the payment of the sum of ten thousand dollars ($10,000), and upon the return thereof, as above stated, the said sum of ten thousand dollars ($10,000) is to be paid to her. Otherwise the provisions of my will are to remain unaffected by this codicil.” By a' second codicil’ made on- the same ñ&y, May 15th, 1903, testatrix made the following provision: “The sum of $10,000 to be given to Helen B. Bodman is not to encroach on at least thirteen thousand ($13,000) which is bequeathed to my nieces Alice B. Frost and Jennet D. Blackwell in case the stocks should decline in values.” ’ The property in Bay City, Michigan, was sold during the lifetime of the testatrix. Miss Howard made these conveyances at the request of the testatrix and her husband, William T. BlackAvell. The money arising from the sale of said property was paid to the testatrix. By his answer the defendant William T. Blackwell expressly waived any and all claim for debt or claim in the nature of debt whether legal or equitable against the estate of the testatrix. He also disclaimed any right to the sum of $10,000, mentioned in the will, but did claim the income thereof for life; and Miss Howard by her answer claimed the remainder therein after his death. The vice-chancellor sustained both claims except so far as the $13,000 should be impaired by paying Miss Howard in full.