Nelson v. Iglehart

Delaplaine, J., delivered the opinion of the Court. This proceeding was brought in the Circuit Court of Baltimore City to construe the will which was made ¹³² by Dr. Alexander C. Robinson, of Baltimore, on November 3, 1871. Dr. Robinson died on November 10, 1871. He was survived by his widow, M. Louisa Robinson, seven children, Laura, Angelica, William, George L., Anne, Carvel and Louisa Hall Robinson, and a granddaughter and grandson, who were the children of a decéased daughter.

The Court was asked to construe the residuary clause of the will, which provides as follows: “All the rest and residue of my estate real personal and mixed, I give devise and bequeath to Alexander Randall of Annapolis and E. Wyatt Blanchard of Baltimore City their heirs executors administrators and assigns as joint tenants; In Trust nevertheless to permit my wife M. Louisa Robinson to receive the rents and income of one third part thereof during her.natural life, and from and after her death in trust for my children and grandson in the same manner as is hereinafter provided as to the remaining two thirds of said trust estate; And in trust as to the remaining two thirds for my children Laura, Angelica, William W., George L., Anne, Carvel, and Louisa and my grandson W. Carvel Hall share and share alike in the manner and upon the conditions following in trust as to the shares of my children Laura, Angelica, George L., Anne, Carvel and Louisa for them their heirs personal representatives and assigns, * * * and in trust as to the share of my son William for him during his life time, and from and after his death, in trust for my three youngest children Anne, Carvel and Louisa, the survivors or survivor of them their heirs personal representatives and assigns and the heirs personal representatives and assigns of the survivors or survivor of them; * * * and in trust as to the share of my grandson ¹³³ W. Carvel Hall for him his heirs personal representatives and assigns, but in case of his death without leaving issue living at the time of his death, then in trust for his father W. Carvel Hall during his life time, and from and after his death in trust for my three youngest children Anne, Carvel and Louisa the survivors or survivor of them, their heirs, personal representatives and assigns, and the heirs, personal representatives and assigns of the survivors or survivor of them; * * * “I direct that the share of each of my daughters shall be for her sole and separate use free from the control debts or engagements of her husband. In case of the death of any of my children, Laura, Angelica, George L., Anne, Carvel or Louisa, without leaving issue living at the time of his or her death, the share or shares of the one or more so dying shall be held in trust for my surviving children and my grandson upon the same trusts that are herein-before declared as to the original share of each.” The Circuit Court assumed jurisdiction of the trusts in 1873. Since that time the two original trustees and their successors have administered the trusts under the direction of the Court. George L. Robinson died in 1873 intestate leaving issue.

Carvel Robinson died in 1882 without issue. William Robinson died in 1890 without issue. The testator’s widow died in 1901. W. Carvel Hall, grandson of the testator, died in 1908 leaving issue.

Laura R. Atkinson, daughter of the testator, died in 1920 without issue. In 1922 the Court of Appeals construed the residuary clause of Dr. Robinson’s will in the case of Iglehart v. Hall, 140 Md. 293 , 117 A. 889 . It was there held that the grandson’s children did not take any share in the ¹³⁴ estate held for the benefit of Mrs. Atkinson, as she died after the death of the grandson. Mrs. Angelica Gamble, daughter of the testator, died in 1921 without issue.

Her share was added to the estates of her sisters, Mrs. Anne Iglehart and Louisa Hall Robinson- Mrs. Iglehart died in 1938 leaving issue. Her share thus belonged to her estate. The income from the remaining trust estate was paid to Louisa Hall Robinson, the last survivor, who died on September 30, 1950, without issue. In June, 1952, W. Hall Harris, Jr., and Hall Hammond, the incumbent trustees, petitioned the Court to further construe Dr. Robinson’s will and direct final distribution.

They asked the Court whether the remaining estate should be' distributed to those who take under Miss Robinson’s will, which has been probated in the Orphans’ Court of Baltimore City, or to those who would inherit from the heirs and next of kin of Dr. Robinson. They reported that if the Court should decide that the remaining estate, which they were holding in trust, passed under the intestacy laws to the heirs and next of kin of Dr. Robinson, they believed it should be distributed to those who would inherit from the heirs and next of kin in the proportion of 39.2 per cent realty and 60.8 per cent personalty. The chancellor ruled that there was no intestacy, but that the estate which the trustees had been holding for Miss Robinson was her absolute property, which was not subject tó a defeasance because she was the last survivor. He accordingly entered a decree adjudging that the trust terminated upon the death of Miss Robinson on