Coyne v. Boyce

Bryan, J., delivered the opinion of the Court. The question in this case involves the construction of the will of James Boyce, deceased. John Coyne filed a petition in the Circuit Court of Baltimore City, praying for the payment of a sum of money alleged to have been bequeathed to him as a legacy by the decedent. The will contained many devises and legacies, but the portions necessary for us to consider are as follows : “Item.

My son, James Boyce, is indebted to my friend, John Coyne, in the sum of twenty-five hundred dollars, with interest for many years. It is my will that the said debt, principal and all interest, shall be paid to him out of my estate, on behalf of my said son, James Boyce, and the amount thereof shall be deducted from the share •of my said son in the residue of my estate.” ■%. í}í >}C % ífc íjí “.Item. It is my will, that all the rest, residue and remainder of my estate, real and personal, situate in the State of Maryland and in other States, shall be divided by my executors into six parts, and all the sums which have been charged by me, or by my authority, on any of my books of account, or memoranda, against any of m}'' children, or which may appear on memoranda made by me and not yet entered into my books of account, shall be treated as parts of my estate, and the charges against each child shall be divided and treated as parts of the share of my estate set apart to such child, or to trustees for her and her issue, it being my purpose as far as practicable, thereby to promote equality in the benefits which my children have derived and shall derive from my estate.” The residue is then given to his six children. We must ascertain the intention of the testator as far as ²⁴ possible from tbe language of the will.

In accomplishing this purpose, we shall derive but little aid from general rules of construction. We must endeavor to look at the condition and circumstances of his estate, and the relations of the legatees to him and each other as they were viewed by him. The meaning of his language cannot be satisfactorily interpreted except in this way. It is very evident that he regarded his children as having equal claims upon him, and he took especial pains to satisfy these claims by very carefully providing that, as far as practicable, they should receive equal benefits from his estate.

He required that the amounts charged against them on his books or memoranda should be treated as parts of his estate, for the purposes of division,