Bentz v. Maryland Bible Society

Fowler, J., delivered the opinion of the Court. This appeal brings before us for construction the will of the late Elizabeth Henderson, of Baltimore City. She devised and bequeathed all the rest and residue of her estate as follows: “All the rest, residue and remainder of my estate and property of every kind, nature and description whatsoever, whether in possession at the time of my death or in expectancy, remainder or reversion, I give, devise and bequeath to the Safe Deposit and Trust Company of Baltimore City in trust, to hold the same for ten years after my death, safely and profitably invested, and to pay the income, as it is received, in equal shares to John Henderson Bentz and Richard L. R. Bentz, grandsons of my sister Caroline Jane Bentz, and at the expiration of said ten years to pay over the whole of the said rest, residue and remainder of my estate and property, in equal shares to the said John Henderson Bentz and Richard L. R. Bentz absolutely, free and discharged of all trusts, to them and to their children, after their death, the children to take among them equally the share of their father.” “ And it is further my will that if the said John Henderson Bentz and Richard L. R. Bentz, or either or them, shall die leaving no child or descendant them or him surviving, then in that event, whatever of my estate thus given shall remain in their or his possession at the time of so dying, shall go to and become the property of the Maryland Bible Society, and I hereby give, devise and bequeath the same to the said society to be used in its work of distributing the Holy Scriptures.” The controversy here arises out of the several contentions as to the meaning and proper construction of the foregoing clauses. The trustee, the Safe Deposit and Trust Company of Baltimore City, filed the bill to obtain the aid of the ¹¹³ Court in making distribution in accordance with the will of the testatrix as properly construed.

Ten years have elapsed since the death of the testatrix, and both of the legatees first named in the residuary clause, John Henderson Bentz and Richard L. R. Bentz are still living, each of them having several infant children, who, as well as the Maryland Bible Society, are parties to this proceeding. It was held by the Circuit Court that Richard and John each take only a life-estate in half of the residuary estate, the share of each to go at his death to his children then living, per stirpes, and in default of such to the Bible Society. The trustee was directed to invest the net funds of the estate and pay the income therefrom to Richard and John for life, and the principal after their respective deaths to the above mentioned legatees in remainder. From this decree the two grand-nephews of the testatrix have appealed, their contention being that they are entitled to the whole residuary estate absolutely, while the appellees contend that the appellants take only a life-estate and that the remainder goes as directed by the decree.

It appears to us upon a careful reading and consideration of the language of the testatrix that her intention was to give to John and Richard, her grand-nephews, each one-half of her residuary estate absolutely, if they should be alive at the expiration of ten years after her death. We will briefly state the grouuds of this conclusion. The most cursory reading of the residuary clause shows that the trustee at the end of ten years after the death of testatrix, was to pay over the whole trust estate absolutely, free and discharged of all trusts. Now, to whom was this payment directed to be made?

To John and Richard “absolutely, free and discharged of all trusts to them and to their children after their death, the children to take among them equally the share of their father.” We think the meaning of the testatrix is quite apparent, when we remember that the payment was to be made whether to the fathers or their children by the