Chassaing v. Durand

Roberts, J., delivered the opinion of the Court. Emile Ducatel, late of Baltimore City, in this State, died in the city of Paris, republic of France, in the month of June, 1894, leaving a last will and testament and certain codicils thereto, all of which have been duly admitted to probate in the Orphans’ Court of Baltimore City and letters of administration with the will annexed of said deceased, were by said Court granted to Ferdinand E. Chatard, one of the executors named in said will, who accepted said trust 'and in due course of administration passed his first account in said Court. The other executor, Alfred B. Durand, named in said will, renounced the trust. Among the numerous other bequests contained in said will, the testator in the twentieth clause thereof provided as follows: “ I give and bequeath to my friend, Alfred B. Durand, all my furniture of No. 9 rue Clapeyron, including my library and other books and pamphlets, wines, &c., and in fact all that is to be found in said premises, free of all testamentary expense, requesting him to follow some instructions given in my private letter to him.

By codicil No. 1 to said will the testator bequeathed as follows : “ I bequeath to my friend, Alfred B. Durand, the sum of two thousand dollars, in addition to my household effects in No. 9 rue Clapeyron, and I thank him in advance for his services in closing up my estate as testamentary executor.” Doubts having arisen as to the construction proper to be placed upon certain parts of said will and of the codicils; and certain of the residuary legatees having objected to the payment of the legacy to said Durand, contending that by a proper construction of codicil No. 1, the said legacy of two thousand dollars was intended by the testator as compensation for the services which Durand was to render in the settlement of the testator’s estate, and having renounced “ all right and claim to letters testamentary on said will, or to act as executor thereof,” he thereby disentitled himself ⁴²⁷ to claim or receive said legacy. Because of the uncertainties attending the administration of said estate under said will, and the conflicting views entertained concerning the testator’s true intent and meaning as to the bequest to said Durand, a Court of Equity has by this proceeding been appealed to for its direction and protection. There is, however, but one inquiiy before us on this appeal, the other questions having been satisfactorily disposed of by the Court below. The question lies within very narrow' limits and has frequently been before the Courts, both in England and in this country, for consideration and determination.

So that we are only to ascertain and declare the testator’s intention as to the legacy claimed by Durand. The facts of this particular case and the language employed by the testator in conveying his wishes should control the result. The testator w7as unmarried and had a numerous family relationship, to most of whom he bequeathed something, either of considerable or inconsiderable value. In the will, dated the 22nd of September, 1885, there is bequeathed to Dr. Chatard the sum of $2,000 and to Mr. Durand the bequest’ hereinbefore stated, but to none of his relations, who are beneficiaries under his will, has he requested the performance of any trust or given them private instructions as to matters not set out in this will.

This language significantly points to Mr. Durand as his trustworthy friend, to whom he committed the execution of certain private instructions which he wanted carried out, but which he manifestly intended should not be made public. We think it defines in very expressive terms the close and intimate relationship existing between the testator and Mr. Durand, and sufficiently accounts for the bequest to his friend. Five years later on the testator by codicil No. 1, executed at Paris and dated June 5th, 1890, bequeathed to his friend, Mr. Du-rand, the sum of two thousand dollars in addition to his household effects in No. 9 rue Clapeyron, but he nowhere intimates that the legacy to Mr. Durand or to Dr. Chatard is given in lieu of commissions as executors, or in consid ⁴²⁸ eration of the discharge of their duties as executors. There can be no controversy as to the rule of construction generally applied in cases of this character.

The late Mr. Justice Robinson delivering the opinion of this Court in Halsey's case, 75 Md. 285 , said :