Gale v. Keech

Urner, J., delivered the opinion of the Court-. The object of this proceeding is to obtain a judicial construction of the residuary clause of the will of George Gale, of Anne Arundel County, who died in the year 1856. After making two pecuniary bequests- of throe thousand dollars each, ²⁰⁴ the will concludes as follows: “All the residue of estate real and personal I leave to my beloved wife -Susan Matilda Gale according to the provisions directed by law.” The- testator died seized of a farm of six hundred and seventy-two aoresi in Anne Arundel County, and it is the title to- that property which is involved in the question now raised as to the construction of the residuary clause just quoted. The will is dated July 16, 1856-, and the testator died within a few, days after its execution.

Tie was survived by his wife, who gave birth to their only child, a daughter, shortly after the father’s death. The wido-w entered into pos-sess-ion of the real estate of her deceased husband, and on February 17, 1857, conveyed by deed an undivided twodhirds- interest in the farm, and a like proportion of the residue of the personal estate, to her father, Augustus Mathio-t, in trust to apply the income thereof to- the support and education of her daughter, Georgetta Mathiot Gale, until she arrived at the age of twenty-one years, any surplus- income not required for the objects stated to be paid to- the grantor, and after the daughter became twenty-one years- of age, it- was- provided that the whole of the income should be paid to her for life. The trust estate was limited in remainder to the issue of the daughter living at the time of her death, but in default of such issue, then to Susan M. Gale, the gjranto-r, or to her heirs, personal representatives or assigns. Subsequently Mrs. Gale married Frederick Anspaeh, and this union resulted in the birth of a daughter, Lillian S. Anspaeh, who is now the wife of Edward P. Keeeh.

The testator’s daughter, Georgetta M. Gale, has neve-r married. It appears from the record that his widow, Susan M. Gale, is-now deceased, but the date of her death is not stated. Mrs. Keeeh.is now trustee- under the deed of trus-t by appointment of the Circuit Court for Anne Arundel County, in equity, under whose jurisdiction the trust has been administered. The deed of trust refers to the property conveyed as being-part of the residuary estate devised and bequeathed to Mrs-. ²⁰⁵ Gale, the grantor, by the will of her husband, as her “own absoluta property and estate in fee simple.” In 1891, thirty-four years after the trust was created, a case, stated between Georgetta ML Gale and Lillian S. Keech, individually and as trustee, was presented to the Court having jurisdiction over the trust, for the purpose of having the residuary clause of the will of George Gale construed in so far as it affected the title to the real estate which the deed of trust purported to convey.

The question of interpretation thus raised was whether’ the testator did not intend his widow to take merely such interests in the residue of his estate as were secured to her by statute. According to this theory, if adopted, it. would be held that the widow took only a dower interest in the realty, and that the testator died intestate as to the remainder of the title, which thereupon descended to his daughter as his only heir at law. The effect of such a decision would be to render the deed of trust inoperative and to recognize Georgetta M. Gale as the sole and absolute owner of the property since the termination of her mother’s dower. The case stated was heard by the late Judge I. Thomas Jobtes, afterwards, a member of this Court, and his opinion, filed March 12, 1892, thus disposes of the question of construction submitted for his determination: “I am of opinion that Mrs. Susan M. Gale took an absolute interest in tbe residue of both real and personal property.

There does