Guyton v. Strickland

STONE, Acting P. J. Testator died in 1961 and his will, executed in 1950, was admitted to probate the same year. He left $10,000 of his $372,814.01 estate to the brother and three sisters of his predeceased wife, the residue was devised and bequeathed in trust to Bank of America National Trust & Savings Association, providing a monthly income to his only child and after her death, monthly payments for the support of his grandchildren. The trust also provided for monthly payments to appellant, an employee at the time the will was executed, upon the condition that he be employed by testator at the time of death.

A petition to determine heirship was filed, the interests of all heirs, devisees, legatees and beneficiaries were determined, and the court found that appellant Guyton was not employed by testator at the time of death. He alone has appealed, and no one has appeared as respondent.

The provisions of the will which are before us for interpretation are as follows:

“(d) I now have, and for a long time, have had in my employ one Perrin H. Guyton, who has proven himself to be industrious, intelligent and honest and who I regard as being a valuable asset to my business enterprises, and it is my wish and request that if he remain in the employ of myself at my death, that the representative of my estate upon and after my demise, retain him as manager of my business and that he be retained as such under the same conditions and compensation and payable to him in the same manner as at the time of my demise. However, should the said Perrin H. Guyton, be unable, in the sole discretion of the Trustee, to continue as such manager of my business enterprises at any time following my demise, and for whatever cause or reason, either the said Perrin H. Guyton or the Trustee shall assign said cause or reason to include the liquidation of my business, if and in the sole discretion of the Trustee, such liquidation is deemed appropriate and proper during the life of said Perrin [349]H. Guyton, the Trustee shall pay to said Perrin H. Guyton, the sum of ONE HUNDRED PIETY ($150.00) DOLLARS monthly during - the remainder of his life; provided further that if the said Perrin H. Guyton be not in my employ at the time of my demise, then this trust provision as to him shall be void and ineffective, and no interest hereunder shall pass to him.

“(e) As to the said Perrin H. Guyton, this Trust shall terminate upon his death. ’’