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13 App. D.C. 21

Douglass v. Douglass

U.S. Court of Appeals for the D.C. Circuit

Decided May 9, 1898

U.S. Court of Appeals for the D.C. Circuit · decided 1898-05-09

<p>Hearing on an appeal by the complainant from a decree in a suit for the construction of a will.</p> <p>The Court in its opinion stated the case as follows:</p> <p>This is an appeal from a decree construing the will of the late Frederick Douglass, who died in the District of Columbia, February 20, 1895.</p> <p>The will was attested by two subscribing witnesses, and was duly probated in the Orphans’ Court. It reads as follows:</p> <p>“I, Frederick Douglass, of'Anacostia, District of Columbia, United States of America, being of sound disposing mind and memory, do make, publish and declare this to be my last will and testament: That is to say, in form and manner following: First, I give and bequeath to my dear devoted wife, Helen Douglass, my house and fifteen acres of land situated in Anacostia, D. C., with all outbuildings and appurtenances thereunto pertaining: Second, I give and bequeath to the said Helen Douglass, all my writings, books, papers, pictures, paintings, horses, carriages, harness, and each and every description of property in and about my house in Anacostia, except a certain portrait of myself, painted more than forty years ago by Mr. Hammond, of Florence, Massachusetts, which portrait I give and bequeath to my daughter, Rosetta D. Sprague: Third, I give and bequeath to the said Helen [Douglass ten thousand dollars in registered United States bonds, and ten thousand dollars in lawful money, the latter to be derived from my other property not mentioned in the foregoing: Fourth, I give and bequeath to my daughter, Rosetta D. Sprague, and to my three sons, Lewis, Frederick and Charles, the remainder of all property of which I shall be possessed at my death; that is to say, to each of them one equal share, which will amount to about fifteen thousand to each:</p> <p>“In witness whereof, I have set my hand and affixed my seal this thirtieth day of August, in the year one thousand eight hundred and eighty-six.</p> <p>“Fjred’k Douglass, [l. s.]”</p> <p>This will was written by the widow, Helen Douglass, from the dictation of the testator. At that time he was the owner of registered United States bonds of the face value of $10,000. Subsequently, these bonds were sold by the testator and their proceeds otherwise invested. The said Helen Douglass filed this bill against the children of the testator, praying for a construction of the third clause of said will, declaring the bequest to her of the “ ten'thousand dollars in registered United States bonds” to be a general and not a specific legacy; and for an order requiring the satisfaction thereof from the general assets of the estate, which were ample for all the purposes of the will and of administration.</p> <p>The court, construing the legacy to be specific, decreed “that said legacy was adeemed and destroyed by the sale of the said bonds; that in making distribution of the personal estate of said deceased the administrators, with the will annexed, shall ignore said legacy and make such distribution as if such legacy were not contained in said will.” The bill, so far as it prayed satisfaction of said legacy, was dismissed, with costs, to be paid out of the funds in the hands of the administrators; but the cause was retained for the purpose of completing the distribution of the personal estate under the direction of the ■ court.</p> <p>From that part of the decree construing the will and dismissing her bill, the complainant has appealed.</p>

Relies on Metcalf v. First Parish in Framingham · Dryden v. Owings · Kunkel v. Macgill

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1898-05-09

How this case has been cited

Cited by 18 later decisions — most recently December 1981

4 federal appellate · 2 district · 9 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Shepard

¶1delivered the opinion of the Court:

¶2A specific legacy is the bequest of a particular thing, or a specified part of a testator’s property, distinguished from all others of the same kind. 1 Roper, Legacies, 191; 13 Am. & Brig. Encyc. L. 10.

¶3If the language of the will indicates, not the gift of the specified article, of part of the estate, to the extent or value *27stated, but its designation only, as a certain interest or fund from which the bequest of money, or amount of value, shall be primarily paid or satisfied, it becomes a demonstrative legacy.

¶4The question to be determined is, under which of the foregoing definitions the bequest to Helen Douglass of “ten thousand dollars in registered United States bonds ” falls.

¶5With substantial agreement in the matter of definitions, the multitude of decisions construing bequests to be specific, on the one hand, and general and demonstrative, on the other, show great difficulty in their application to the facts of particular cases.

¶6In this, as in every question on the construction of wills, the intention of the testator is the object to be ascertained; and this is to be gathered, not from the words of the particular clause alone, but from all the others going to constitute the whole will and to disclose the complete purpose of the testator.

¶7For these reasons, necessarily, the decision of one case rarely furnishes a rule for the direct control of another.

¶8Without, therefore, reviewing the many well considered cases relied on by the appellant, or attempting the difficult task of reconciling them with those cited in support of the contention of the appellees, it may be conceded that they establish the doctrine that a bequest generally of certain bonds and stocks, without further explanation and without more particularly referring to and marking the corpus of the identical bonds and stocks, does not amount to a specific legacy, even though, at the time of the execution of the will, the testator may, in fact, have been possessed of bonds and stocks of that description, to an equal amount or more.

¶9This doctrine was fully recognized in Maryland in a case where the bequest was “$8,000 in Missouri State bonds” (Dryden v. Owings, 49 Md. 356, 364); and has been maintained in the District of Columbia. Capron v. Capron, 6 Mackey, 340, 345. At the same time, very slight changes *28in the form of the bequest—as, for example, the prefix of “my”—have been regarded as sufficientlo make the legacy specific. Ashburner v. McGuire, 2 Lead. Cas. Eq. (4th Am. Ed.) 600; Kunkell v. McGill, 56 Md. 120.

¶10It may also be admitted that the leaning of the English decisions, followed generally in this country, has been towards'a construction that would declare a legacy general rather than specific. The earlier cases, especially, indicate the rule to be to hold every legacy to be general, unless an intent to the contrary be either expressly shown in the words of the particular bequest, or made clearly to appear from the whole of the will.

¶11To this leaning or tendency there need be no objection, so long as it is not allowed to contravene the reasonable implication of the intention of the testator to make the bequest specific. Where that intention fairly appears, it must be respected and given effect.

¶12Looking, then, as we must, to the “four corners” of this will for the intention of the testator in respect of the nature of this legacy, we entirely agree with the learned justice who rendered the decree appealed from, that it must be declared to be specific.

¶13After making an undoubted specific devise of the home (which has failed because the wall was attested by only two witnesses), and two similar bequests, the testator reached the third item of disposition : “ I give and bequeath to the said Helen Douglass ten thousand dollars in registered United States bonds, and ten thousand dollars in lawful money, the latter to be derived from my other property, not mentioned in the foregoing.” Now, had he prefixed the significant word “ my ” to this clause, there would be no reasonable doubt of his intention to make the legacy specific. Not having used that word, which is found naturally in the preceding devise and bequests, it is argued, with' plausibility, that its omission evinces a change of the intention from specific to general or demonstrative.

¶14*29Conceding that the word “registered,” as descriptive of the bonds, would not necessarily render the legacy specific, and giving due weight to the omission of the specially descriptive “my,” still, in our opinion, an intention to make the legacy specific appears from the immediately succeeding additional bequest of another ten'thousand dollars “in lawful money.” Then, as if to render this indication of intention clear, the testator adds thejremaining words of the sentence: “ The latter to be derived from my other property not mentioned in the foregoing;” that is to say, from property not before specifically bequeathed.

¶15Rejecting these last words, even, the separation of the two bequests into the bonds which he then possessed, on the one hand, and into money, on the other, considered in connection with the general scheme of the will, would, as intimated above, be sufficient of itself to indicate the intention to make the first one specific. In a well-considered decision of the Supreme Judicial Conrt of Massachusetts, substantially similar words of separation in a bequest of stocks and money were regarded as having an important effect upon the construction of the will. After referring to the language of the testator in several of the items making bequests the court said: “ But in the first and in the second items of the will he makes to the same legatees bequests both of stocks and of money, a fact much relied on by Lord Chancellor Cairns in Kermode v. MacDonald, L. R. 3 Ch. 584, as showing that the legacy of a sum invested in stocks was specific.” Metcalf v. Framingham Parish, 128 Mass. 370, 372.

¶16Our conclusion in respect of the construction of the will renders it unnecessary to discuss the questions relating to the legal effect and bearing of the unsubscribed testamentary paper, in the handwriting of the testator, that was found among his papers and introduced in evidence.

¶17Finding no error in the decree, it is affirmed, with costs to be taxed as therein provided. Affirmed.

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