Randall v. Randall

Briscoe, J., delivered the opinion of the Court. Dr. Burton Randall, surgeon of the United States Army, but residing in Annapolis, died in 1886, leaving a last will and testament dated in 1877. At the time of his death he left a widow, Mrs. Virginia Randall, a son, Alexander B. Randall, and a daughter, Margaret T., who has since married Dr. Joseph M. Worthington. As the questions for our consideration arise upon a construction of Dr. Randall’s will, it will be necessary to set forth the entire will.

It is as follows : “ I give, devise and bequeath all my estates, real, personal and mixed, to my ⁴³⁷ brother, Alexander Randall, and my nephew, Alexander B. Hagner, of Annapolis, to be held by them and the survivor of them, and the heirs, executors, administrators and assigns of such survivor, in trust, nevertheless, for the following purposes, to-wit: “First. — To receive, collect and apply the rents, issues and profits of my said estates, in their discretion, to the maintenance and support of my wife and children, and to the education of my children during my wife’s life. “Second. — And after my wife’s death, to apply the said rents, issues and profits, in their discretion, to the maintenance, support and education of my children, until they respectively arrive at age or marry. “ Third. —And when all my said children arrive at age or marry, whichever event shall first happen, then to divide the whole of my estates then remaining among my children equally, and the issue of such among them as may then have died — the issue of such children to take the portion of their deceased parent equally among them. “ And fourthly. — In the event of no child or issue of a child of mine living at the death of my wife, then that the said trustee divide my estates then remaining equally among my brothers and sisters then living and the issue of such as may then have died,' the issue to take the portion of their deceased parent equally among them; and “ Lastly, in further trust that my said trustees, or the survivor of them, or the heirs, executors, administrators' or assigns of such survivor, may at any time they deem it beneficial and proper to sell and dispose of, and by deed convey any part of my said estates, receive the purchase money thereof, and invest the same in any other property for the benefit of this trust estate hereby created, and to constitute a part thereof, subject to all the provisiohs of this will — or apply such proceeds or any part thereof, for the advancement in life of any of my children after they have obtained age or married, provided such advancement do not exceed the portion such child may be entitled to after deducting the one-third thereof for my wife.” ⁴³⁸ Mrs. Randall, the widow, who is now living, renounced all claim under the will, and elected to take dower and distribution under the law. The question, then, is whether upon the widow’s renunciation and receipt of her thirds, the trust estate ought not to be declared to have come to an end and to be distributed between the testator’s two children, both of whom have arrived at age and are married. In other words, whether the devises and bequests in the will to the testator’s children are to be paid at once, or are to be delayed to the death of his widow. On the 2 ist of July, 1886, a petition was filed in the Circuit Court for Anne Arundel County, by Mrs. Randall and her children, asking for a construction of the will and for a distribution of the trust estate.

This petition was answered by J. Wirt Randall, who had been appointed trustee, in the place of Mr. Alexander Randall and Judge A. B. Hagner, trustees, named in the will. There was no adjudication of the rights of the parties under the will because of the want of proper parties to the proceedings; the lower Court holding that the brothers and sisters of the testator and their issue should be made parties to the case. On the 19th of November, 1895, an additional petition was filed asking for a distribution of the trust estate, and it is from the order dismissing this petition and the petition filed on the 2xst of July, 1886, that this appeal is taken. / [it is a well settled rule, that in every case in which a will is to be construed the great object is to ascertain from the face of the paper, the intention and design of the testator; which is to be carried into effect, unless opposed by some principle of