Campbell v. St. Joseph's Industrial School

53 A.2d 768, 30 Del. Ch. 84, 1947 Del. Ch. LEXIS 68
CourtCourt of Chancery of Delaware
DecidedJuly 17, 1947
StatusPublished
Cited by9 cases

This text of 53 A.2d 768 (Campbell v. St. Joseph's Industrial School) is published on Counsel Stack Legal Research, covering Court of Chancery of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Campbell v. St. Joseph's Industrial School, 53 A.2d 768, 30 Del. Ch. 84, 1947 Del. Ch. LEXIS 68 (Del. Ct. App. 1947).

Opinion

Seitz, Vice-Chancellor:

The court must determine what, property the testatrix intended to pass by the use of the word “money” in her will.

The testatrix, Mary S. Campbell, a single woman, died on August 17, 1929, survived by her mother Mary M. Campbell and two brothers, William A. Campbell and James V. Campbell. The testatrix left a will dated August 10, 1929, which was prepared by her and written and signed in her handwriting. I shall quote the will in its entirety.

“New Castle, Aug. 10, 1929

“After all my debts are paid, I appoint my mother, Mary M. Campbell, as my executor without out bond.

“I want her to take $500 and place it in some reliable trust fund. The income of which shall be used as a perpetual care fund, for the upkeep of my fathers’ and brothers grave, and the care of the old Campbell family lot in St. Peters' cemetery.

“I want $1,000 given to the Superior of the Josephite Order whoever, he may be.at the time of my death, to be distributed among missionary priests by him for Masses to be said for the repose of my soul.

“I also want my mother to place in the chapel of St. Joseph’s, Clayton, a suitable shrine to the Little Flower

“I give my little house, in New Castle, to my mother, to do as she pleases with it.

“She shall also receive the income of all money left by me, as long as she lives.

“At her death the income shall go to William A. Campbell and James V.. Campbell, in equal shares as long as they live.

“At their death the principal shall be given to the Little Sisters’ of the Poor, Sí. Jos. Industrial School Inc. at Clayton, Del. in equal shares.

“Witnesses. Mary S. Campbell

“Elizabeth L. Lofland.

“Elizabeth A. Tobin.” Aug. 10, 1929”

[87]*87The testatrix died possessed of checking and savings accounts amounting to $1,096.37, building and loan, shares and shares of stock amounting to $3,649.28, and bonds and accrued interest thereon amounting to $17,290.75. Thereafter, Mary M. Campbell, the mother of the testatrix, took possession of the personal property left by the testatrix. Reference herein to “personal property” does not include the property specifically bequeathed by the daughter.

On June 17, 1946, Mary M. Campbell, the mother, died leaving a will which, after making certain specific legacies, gave the entire residue of her property to her two sons, William A. Campbell and James V. Campbell. Her sons were also named as executors.

When the two sons came to make distribution of their mother’s estate, they entertained substantial doubt as whether the life income provisions in their sister’s will applied to all her personal property, or only to the money on deposit in bank. Since it was necessary for the executors to have this doubt resolved before making distribution under the residuary clause of their mother’s will, they filed this bill seeking a construction of the provisions of their sister’s will dealing with the disposition of her personal property.

The individual defendants are William A. Campbell and James V. Campbell, the sole beneficiaries under the residuary clause of their mother’s will. They contend that “money” as used in their sister’s will had reference only to the money on deposit in bank (approximately $1,000), and that as a consequence she died intestate as to the remainder of her personal property amounting to approximately $21,-000. Since Mary M. Campbell, as the mother of Mary S. Campbell, was entitled to all of the daughter’s intestate property, the sons contend that her personal property other than the» cash in bank passed to their mother outright, and now passes to them under the residuary clause of their mother’s will.

[88]*88The other defendants are St. Joseph’s Industrial School, an unincorporated school, and Little Sisters of the Poor, a Delaware corporation. These defendants contend that “money” as used in the will of Mary S. Campbell encompassed all of her personal property and not only the money on deposit in bank, and that as a consequence her mother possessed and her sons now possess only the right to receive income from all of the personal property during life, and that upon the death of William A. and James V. Campbell, all the personal property passes outright under their sister’s will to Little Sisters of the Poor and St. Joseph’s Industrial School, in equal shares.

All parties in interest have stipulated with the approval of the court that whatever property St. Joseph’s Industrial School, an unincorporated school, may be entitled to receive under the will of Mary S. Campbell will be properly distributed if it is given to St. Joseph’s Society for Colored Missions of Delaware, a Delaware corporation. The parties have also stipulated that as to all income which William A. and James V. Campbell are entitled to receive from any property left by Mary S. Campbell pursuant to her will, such income shall be payable to them in equal shares during their joint lives, and the whole of such income shall be payable to the survivor of them during the remainder of his life. The decision of the court and the decree thereon will give full recognition to these stipulated matters.

We come now to the principal problem of construction. What personal property may we fairly say the testatrix intended to refer to by the language “all money left by me” ?

One thing is certain. “Money” has many meanings depending upon the particular usage. See 93 A.L.R. 514, et seq. In construing the word “money,” the English courts long ago adopted the rule of construction that the word “money” when used in a will meant “money” in the strict sense (whatever that means), unless the context showed that a different interpretation was warranted. See In re [89]*89Gates, [1929] 2 Ch. 420. The rule as stated appears to have been followed in most of the courts of this country. See' 93 A.L.R. 514, 515.

While the ultimate result may be the same in most cases no matter which rule is adopted, I prefer not to adopt a general rule of construction which gives inflexible priority to any particular meaning of the word “money” when used in a will. Rather, I approve the language of Lord Chancellor Simon in the House of Lords in Perrin, et al., v. Morgan, et al,, [1943] 1 A.C. 399, 406, 407, 408, where the majority of the court apparently repudiated the old rule of construction:

“* * * In the case of an ordinary English word like ‘money’, which is not always employed in the same sense, I can see no possible justification for fixing on it, as the result of a series of judicial decisions about a series of different wills, a cast-iron meaning which must not be departed from unless special circumstances exist, with the result that this special meaning must be presumed to be the meaning of every testator in every case unless the contrary is shown. I agree, of course, that, if a word has only one natural meaning, it is right to attribute that meaning to the word when used in a will unless the context or other .circumstances which inay be properly considered show that an unusual meaning is intended, but the word ‘money’ has not got one natural or usual meaning. It has several meanings, each of which in appropriate circumstances may be regarded as natural.

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Bluebook (online)
53 A.2d 768, 30 Del. Ch. 84, 1947 Del. Ch. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-st-josephs-industrial-school-delch-1947.