King v. Eckett

WOOD, J. This appeal presents for determination the interpretation to be given to a clause in the will of Sarah Louise Clark, deceased. The will was dated March 6, 1934, at which time Webster C. Clark was indebted to the testatrix for money loaned to him by her deceased husband in the sum of $57,000, and for which he gave his renewal note March 31, 1934. Certain interest payments were made upon the indebtedness and the principal was reduced by the sum of $3,000, so that at the date of the death of Sarah Louise Clark on September 8, 1934, Webster C. Clark was still indebted to her on account of the obligation in the sum of $54,000. Of the residue of her estate the testatrix gave to seven persons various sums in cash. Then follows the eighth clause as follows: “(8) To said Webster C. Clark the sum of Fifteen Thousand Dollars ($15,000), provided said Webster C. Clark shall at or prior to my decease fully pay and discharge all indebtedness owing by him to me as beneficiary under or distributee of my late husband’s estate or otherwise. Should the said Webster C. Clark fail to fully pay and discharge such indebtedness at or prior to my decease, then said Webster C. Clark shall take nothing under Paragraph Fourth of this, my last will and testament, and I hereby give, devise and bequeath said sum .of Fifteen Thousand Dollars ($15,000) to Mrs. Jennie Knapp, Mrs. Harriett Eckett, Mabel Elston, Esther Louise Elston, Mrs. Maude Dunne, Virginia Dunne, and Margaret Dunne, [325]in the same proportions that the amounts I have hereinabove given and bequeathed to them respectively in clauses (1) to (7) inclusive of this paragraph Fourth bear to the aggregate of such amounts. ’ ’ Upon petition for ratable distribution and ratable payment of legacies the trial court held that the bequest to Webster C. Clark was conditioned upon his discharging his indebtedness to the testatrix within her lifetime, and that not having done so he was entitled to nothing. He appeals from the resultant order and decree which denied to him participation in the distribution of said estate.

The interpretation of the clause in dispute must he made in the light of the rule that the intention of the testatrix must be followed and in view of section 102 of the Probate Code: “The words of a will are to receive an interpretation which will give to every expression some effect, rather than one which will render any of the expressions inoperative.” To sustain the contention of respondents we must hold that the words, “Should the said Webster C. Clark fail to fully pay and discharge such indebtedness at or prior to my decease” should be interpreted to mean: “If the said Webster C. Clark shall have fully paid and discharged such indebtedness prior to my decease.” The testatrix did not use such language, but provided that the debt could be paid “at or prior to her decease”. The words “at or” cannot be disregarded. The interpretation requested by respondents fails to “give to every expression some effect”. The testatrix could not have intended that the debt be paid at the instant life would be departing from her body. Payment at such a time would be utterly impossible. The only reasonable interpretation which gives “some effect” to the words “at or” is that Mr. Clark must pay the debt within a reasonable time after the decease of the testatrix in order to receive the legacy. An argument that the same result would be reached by operation of law and that the condition adds nothing to the testamentary provisions does not justify the court in disregarding any words contained in the will or in giving the will a meaning not intended by the testatrix. It is a matter of common knowledge that makers of wills very frequently include testamentary provisions which would be made effective by operation of law if they had been omitted.