Orise v. Mercantile Trust Deposit Co — Case Summary
Summary of the case WALTER L. CRISE v. MERCANTILE TRUST AND DEPOSIT COMPANY
The court held that the provisions of John L. Crise's will regarding the payment of income to the children of his second wife and the timing for the division of his estate are legal and valid. The testator's intentions are clear, and there is no legal basis to alter the specified periods of payment or division.
Key Issues of the case WALTER L. CRISE v. MERCANTILE TRUST AND DEPOSIT COMPANY
- Validity of will provisions
- Timing of estate division
Key Facts of the case WALTER L. CRISE v. MERCANTILE TRUST AND DEPOSIT COMPANY
- Provisions of the will relate to income payment and estate division
- The estate is not a fee-simple estate
Decision of the case WALTER L. CRISE v. MERCANTILE TRUST AND DEPOSIT COMPANY
The provisions of the will are legal and valid.
Opinions
I am of the opinion that the provisions of the will of John L. Crise, both as to the payment of income to the children of his second wife and as to the time fixed by him for the division of his estate, as made in the eighth clause of his will, are legal and valid; and that, no matter at what period the interests of said children may be considered to have vested, the limitations as to the periods of payment must be observed. The intention of the testator upon both of these points is clear, and I know of no rule of law which would authorize the Court to defeat it. The estate given to these children is not, as is argued, a fee-simple estate; but, even if it should be so held, I cannot assent to the contention of the learned counsel for the plaintiff that, under the terms of this will, the Court has the power to anticipate either the periods of payment or division, as fixed by the testator.