In re Estate of Ladd

California Supreme Court Jun 15, 1892 No. No. 14800Published

Before: Harrison

AI Brief

AI-generated · verify before citing

Holding. The court held that the testator's will and codicil, when construed together, intended for the executors to hold only one-fourth of the estate in trust following the death of the testator's father, with the remainder of the estate passing to the wife.

Issues

Whether the testator's will and codicil required the distribution of one-half or one-fourth of the estate to the executors in trust.
Whether the codicil modified the underlying trust corpus or merely the distribution of income from the trust property.

Disposition. affirmed

Quotations verified verbatim against the opinion

“The whole of the original will and the codicil are to be construed as a single instrument executed at the date of the codicil, and of which all the parts are to be construed, “ so as, if possible, to form one consistent whole.””

“A codicil is never construed to disturb the dispositions of the will further than is absolutely necessary for the purpose of giving effect to the codicil.”

“The decree of distribution is affirmed.”

Synopsis

Wills — Construction. — The will in this case construed, and held to war-z'ant the disti-ibution of three fourths of the estate to the wife, and one fourth only to the executors upon the trusts set forth in the will and codicil, instead of one half thereof, as claimed by appellants.

Id.—Construction of Codicil — Change of Terms of Will.—It must be assumed that the testator, at the time of making the codicil, used the terms therein with reference to the provisions of the will as they would be construed under the facts then existing, and with a knowledge of what property the will provided that the executors should hold in trust, and that he intended that no further change should be made in his will than that expressly declared in the codicil.

Id. — Effect of Codicil — Republication of Will as Modified — Modification of Single Clause. — The execution of a codicil has the effect to republish the whole will, as modified by the codicil, as of the date of the codicil; and its effect is not limited to a republication of the only clause which the codicil purports to modify.

Id.—Construction of Will and Codicil — Revocation. — The whole of the original will and codicil are to be construed as a single instrument executed at the date of the codicil, and of which all the parts are to be construed so as, if possible, to form one consistent whole; and the codicil will not be construed to disturb the dispositions of the will further than is absolutely necessary to give effect to the codicil; nor will a clear disposition made by the will be revoked by a doubtful expression or inconsistent disposition in the codicil.

Id. —Single Modification of Will by Codioil— Implied Negative. — A determination expressed in a codicil to make an alteration in the will in one particular negatives by implication any intention to alter it in any other respect.

Harrison, J. Appeal from a decree of distribution. By his will, which was executed February 24, 1878, the testator gave one half of his estate to his wife, and made the following provisions respecting the other half:—

“ Clause Fourth. The remainder of my property shall remain, as hereinafter provided, in the hands of my executors, and be held or sold, and the proceeds reinvested or loaned by my executors, in their discretion, and the net income thereof, to an amount not exceeding twenty-four hundred dollars in United States gold coin, per annum, payable in quarterly installments, shall be divided equally between my beloved parents, Horace Comstock Ladd and Sarah Ann Ladd, and the remainder of the income shall be paid to my wife, Elizabeth.

“ Clause Fifth. Upon the death of either of my parents, one half of said property placed and to remain in the hands of my executors under the fourth clause of this will, shall be given to my wife, Elizabeth, to be held by her absolutely and free from all trusts, and the net income of the remainder of such property, to an amount not exceeding twelve hundred dollars in United States gold coin, per annum, payable in quarterly installments, shall be paid to my sole surviving parent until his or her death, and then the entire property shall be given to my wife, the said Elizabeth, to be held by her absolutely and free from all trusts.

“ Clause Sixth. In the event that my beloved wife, Elizabeth, shall die before either of my parents, all of said one half of my estate placed and to remain in the hands of my executors under clause four of this will shall be given to my said parents, in equal parts, to be held absolutely and free from all trusts. And if my wife, Elizabeth, shall die after the death of one of my parents, and during the lifetime of the other, then the remainder [672]of the one half of the property placed and to remain in the hands of my executors under said clause four shall be given to my said surviving parent, to be held absolutely and free from all trusts.”

Before the death of the testator, his father died, and on the 18th of January, 1889, he made a codicil in the following terms: —

“ Whereas, since the making of the foregoing will, my father has died, and my property holdings have considerably increased, I now change the fourth clause of my said will in this regard, and to the extent only, that from the income of the property provided by said will to be held in trust by my said executors, I will and direct that monthly payments be made by my said executors to the following named persons, and each of them, during their lives, that is to say: to Mrs. Anne Sarah Ladd (my mother), one hundred and fifty dollars ” (and other sums amounting to four hundred and fifty dollars, to different individuals).

In re Estate of Ladd

AI Brief

Synopsis

More from California Supreme Court

Related research

AI Brief