Claflin v. Claflin

20 N.E. 454 (1889)

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Nature of the Case

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Facts

Wilbur left a widow and two sons, of whom P was a minor. The will named William Claflin, James A. Woolson, and Horatio Newhall as executors and trustees, provided in the second clause that the sum of $50,000 might remain in the hands of one of the executors for the period of five years, the income during that time to be equally divided between the wife and the two sons, the principal at the end of that period to fall into the residue of the estate. In the sixth clause, a trust company should hold $100,000 in trust to pay the net income of three several sums of $30,000 to the wife and sons during their lives, and to pay over the principal of such sums at their death, as they should appoint by will. In the ninth clause, the executors and trustees in the will should hold $60,000 to pay the net income of $20,000 to his wife for five years, and, if she should die before the end of that time, to pay over the principal as she should appoint by will, or if she should live to the end of that period, to pay it over to her, and further to pay to each son the net income of $20,000 for ten years. If either of the sons should die before the end of that time, to pay over that amount as he should appoint by will, or, if either of them should live to the end of that period, to pay it over to him. All the rest and residue was to be given to William Claflin, James A. Woolson, and Horatio Newhall, in trust to divide the proceeds equally among the wife, Mary A. Claflin, Clarence A. Claflin, my son, and P, my son, or their heirs by representation. Wilbur left a widow and two sons, of whom P was a minor. The will named William Claflin, James A. Woolson, and Horatio Newhall as executors and trustees, provided in the second clause that the sum of $50,000 might remain in the hands of one of the executors for the period of five years, the income during that time to be equally divided between the wife and the two sons, the principal at the end of that period to fall into the residue of the estate. When P reached the age of twenty-one the trustees paid over to him the sum of $10,000. P then filed a petition to abolish the trust and pay the balance of the money due to him. The court dismissed the bill. P appealed.