Twilley v. Toadvine

¹⁰² Rogers, J., delivered the opinion of the Court. This is an appeal from a decree of the Circuit Court for Wicomico County, in Equity. It appears from the record in this case that one Mary A. Twilley of said county on the 25th day of May, 1900, executed her last will in due form, and after directing that certain just debts, funeral expenses and costs of administration should be paid; by the second clause of her will directed and empowered her executor therein named to sell and convey all of her estate, both real and personal, upon the best terms he might deem best; and by the third clause, over the construction of which this controversey arose, she declared, “I hereby direct that my executor pay one-eighth of my estate after the expense of administration has been paid to Eugene Oliphant in trust for the use of my daughter, Arabella Trader, who is now insane, but if the said Arabella Trader shall become of sound mind, then I direct that the above named amount be paid to the said Arabella Trader, and I further direct .that in the event of the death of the said Arabella Trader before the execution of this my last will and testament that the above mentioned amount be paid in equal parts to my other seven children share and share alike.” And by the fourth clause of her will she bequeathed as follows, “I bequeath the balance of my estate in equal amounts to my seven children, namely,” and names them, “shhre and share alike.” And this Court is asked to construe the said third clause, and to declare what estate the said Arabella Trader took under the will of her mother the testatrix Mary A. Twilley. It appears from the record in this case that Arabella Trader survived her mother, and it also appears from the record that Arabella Trader remained non compos until her death which occurred in February, 1906.

It also appears that Eugene Oliphant was duly appointed committee of said Arabella Trader by the Circuit Court for Wicomico County and qualified as such. That said committee has made a final report to said Circuit Court, and that said report and account has been ¹⁰³ duly ratified by said Circuit Court for Wicomico County and that there remains in the hands of said Eugene Oliphant the sum of $284.32 subject to the order of said Court. On the 14th of March, 1906, Sidney L. Trader, husband of Arabella Trader, Ida Toadvine and Sanford A. Toadvine, her husband, William B. Trader and Annie E. Ellis and Samuel M. Ellis, her husband, filed in the Circuit Court for Wicomico County their petition against Eugene Oliphant, trustee and committee of Arabella Trader lunatic, and the other seven children of Mary A. Twilley, deceased, alleging that the aforesaid sum of $284.32 remains in the hands