Shotts v. Poe

Alvey, J., delivered the opinion of the Court. Lewis Shotts, by his will, dated 30th of June, 1869, devised and bequeathed to his son, John Lewis Shotts, all his property, real, personal and mixed, absolutely; and appointed his son sole executor. Afterwards, on the 12th of June, 1874, the testator, by an instrument in the form of a conveyance, or declaration of trust, set forth that, in consideration of the natural love and affection which he bore to the children of John Lewis Shotts, he did thereby appoint the said John Lewis Shotts trustee “ for the following property for their use, and until they arrive to the age of eighteen years ; fifteen hundred dollars in Baltimore City Stock, and one note of Christian Wheisample, for five thousand dollars, to take effect at my death; and when each child arrives at age, the said property to go to my son, John Lewis Shotts.” The testator died in August, 1875, and both instruments were admitted to probate in the Orphans’ Court, as ⁵¹⁸ testamentary papers. John Lewis Shotts, the son and devisee, had, at the date of the declaration of trust recited, and at the death of his father, only two children, both infants of tender age, and both of whom still survive ; and, so far as the record discloses, they are the only two children of their father.

John Lewis Shotts renounced -the executorship, and John P. Poe was appointed administrator, with the will annexed; and he files the present bill, suggesting doubts and difficulties in the construction of the instrument of the 12th of June, 1874, and asks for a construction of the two papers, and direction as to the manner of distribution of the estate. John Lewis Shotts, in his answer, admits the facts alleged in the bill, but insists that the trust declared in favor of his children, 'by the instrument of the 12th of June, 1874, is void for uncertainty; but he prays that the true meaning and construction of the instrument may be declared, and his rights in the premises determined. 1. As to the supposed uncertainty or inconsistency in the instrument, we can perceive none to affect the validity of the trúst declared. The trust for the benefit of the children must be taken as a qualification of, or an exception to, the preceding absolute bequest to the son of the testator.

And as each child