Future Interests - Construction - Implied Condition of Survivorship

Decedent's will gave the income from his estate to his widow for life. After her death the estate was to be held for an additional ten years, during which time the income was to be equally divided among his named daughters, Jennie, Bertha, Ida and Martha. At the end of the ten-year period, the estate was to be divided among the four daughters in equal shares, with the children of a daughter not surviving the ten-year period to take her share. Martha died three years after decedent's widow died.

Plaintiff, as administrator of Martha's estate, objected to the payment by the defendant trustees of the entire income to the surviving daughters, rather than paying one-quarter to Martha's estate. The circuit court affirmed a probate court order allowing the annual account of the trustees. On appeal, held, affirmed. Consideration of the entire will leads to the conclusion that decedent intended that if any daughter died during the ten-year period, the surviving daughters should take her share of the income during the remainder of that period.

In re Hicks Estate, 345 Mich. 448, 75 N. W. (2d) 819 (1956).