Ridgely v. Ridgely

Parke, J., delivered the opinion of the Oo-uxt. Mary M. M-eKeen died testate, giving her whole estate, first, to her -sister, Rebecca M. MdKeen, and her brother, John McKeen, and the survivor of them, fo-r life; and “'Second : From and immediately after death of my said brother and s-i-ster” over, in accordance with the- provisions of four paragraphs, every one of which disposed of a onedourth part of her property, and was a separate and distinct gift, having no relation to any other, in form -or in object, so as to control o-r modify the deal' and explicit terms of this third -clause of the will: “One-fourth. part thereof to my' niece, ⁴²¹ Adrianna McKeen, during] the term of her natural life, re>ma'ind'er to Ruxrton Moore Ridgely, Genevieve Ridg’ely and Gustave Ridgely to be equally divided between them or the survivor or suvivors of them absolutely.” The testatrix was a spinster, and the beneficiaries, Ruxton Moore Ridgely, Genevieve Ridgely, and Gustave Ridgely, were sister and brothers and were infants under eleven years of age when their aunt made itbis will on October 16ih, 1877. She died on July 22nd, 1890, and the life estates of her brother and sister, Rebecca M. McKeen and John McKeen, in all of her property ended with the death of Rebecca M. McKeen on October 15th, 1898, when her property was divided .and the fourth part distriibruted to a. trustee to hold for the benefit of the life tenant, Adrianna McKeen, under the control and supervision of the Circuit Court of Baltimore City, which had assumed jurisdiction on January 17th, 1899, on the application of Adrianna M. McKeen, and the consent of the three remaindermen. Adrianna McKeen, life-tenant of this onenfoiirth interest, died on October 23rd, 1923, .and, of the three remaindermen Gustave W. Ridgely alone survived at her death, although his brother and sister had been alive at the death of the testatrix.

Genevieve Ridgely, who had married Ridgely Gaither, had died on March 7th, 1914, survived by her hustband and her son, Ridgely Gaither, Jr., and Ruxton M. Ridgely had died on December 13th, 1922, leaving his wife, Rebecca Gaither Ridgely, and a son, Ruxton M. Ridgely. The remainderman, Gustave W. Ridgely, is now dead, having died about two months after the dearth of the life tenant, Adrianna McKeen. He was survived by a widow, Elva D. Ridgely, who has administered upon his estate and become the guardian of bis -son and heir, Robert D. Ridgely, and who, in her several capacities, claimed the entire trust fund for herself and her son as the legal representatives of Gns1tave W. Ridgely, the -sole surviving remainderman on the expiration of the life estate-of Adrianna McKeen. The legal representatives of Ruxton M. Ridgely and of Genevieve R. Gaither were made parties and contended that the point ⁴²² of time to which the survivorship! referred was at the death of .the testatrix, Mary M. MeKeen, and that as both Ruxton M. Ridgely and Genevieve R. Gaither were then living, their legal representatives, with those of 'Gustave W. Ridgely, took the whole estate under the will.

Ou the submission of the question, the lower court held that the period of division was the death of the life tenant, Adrianna MeKeen, and that, therefore, the property passed to the legal representatives of Gustave W. Ridgely. It is this interpretation which the appellants seek to have rescinded. The fundamental rule, to which all others are auxiliary and subsidiary, is to ascertain- the intent of the testator as expressed within the four corners of the will itself in