Carpenter v. Boulden

Bartol, C. J., delivered the opinion of the Court. The decision of this appeal depends upon the true construction of the following clause of the will of Richard Biddle deceased: “Rem. I furthermore give and bequeath to the aforesaid Laura L. Biddle the sum of two thousand eight hundred dollars, in cash, which sum is hereby directed to be placed at interest, according to the wise discretion of ¹²⁸ her guardian, and the interest arising therefrom, to be ■appropriated to the benefit and support of said Laura during her minority, and when at lawful age, the aforesaid sum of two thousand eight hundred dollars must he paid •over to her in good faith. It is provided however that in the event of the death of the aforesaid Laura L. Biddle before maturity, or without issue, then in such case, the money thus bequeathed to her shall revert to the children ■of George R. Carpenter and Leonis his wife.” The will was executed on the 24th day of October 1861 and admitted to probate on the 11th day of February 1862.

It appears from the statement of facts signed by the ■solicitors that George W. Boulden, one of the appellees, was duly , appointed guardian of Laura L. Biddle the legatee named in the will, and as such, received from the •executor of the testator the whole amount of the legacy. Laura reached the age of 18 years on the 17th day of August 1869, and on the second day of November in the same year a settlement of accounts was made between her guardian and herself, and the balance then due from him was ascertained, which remained in his hands with the understanding and promise on his part, that it should he invested in a mortgage in the name and for the benefit of Laura L. Biddle. Laura died on the 22nd day of August 1870, aged 19 years and 5 days, intestate and without issue ; never having been married. The appellees Mary E. Biddle and L. A. Cavender, her •administrators, now claim the money remaining in the hands of Boulden her former guardian.

Which is also claimed by the appellants who are admitted to be the children of George R. Carpenter and Leonis his wife, the legatees in remainder named in the will. By the terms of the will, the limitation over is to take ■effect in the event of Laura Biddle, the first devisee, dying * ‘ before maturity or loithout issue. ’ ’ ¹²⁹ The first question to be determined is the meaning of the