Clark v. Board of Trustees of the Tennessee Annual Conference of the Methodist Church

596 S.W.2d 804, 1980 Tenn. LEXIS 431
CourtTennessee Supreme Court
DecidedMarch 24, 1980
StatusPublished

This text of 596 S.W.2d 804 (Clark v. Board of Trustees of the Tennessee Annual Conference of the Methodist Church) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clark v. Board of Trustees of the Tennessee Annual Conference of the Methodist Church, 596 S.W.2d 804, 1980 Tenn. LEXIS 431 (Tenn. 1980).

Opinion

OPINION

COOPER, Justice.

The application for permission to appeal was granted to determine the effect of the dissent by Margaret H. Chappell from the will of her husband, wherein she had been bequeathed a life interest in a testamentary trust.

The bequest that is the subject of the controversy is as follows:

ITEM EIGHT: I give, devise and bequeath all the rest and residue of my property of whatever kind and wheresoever situated to the Commerce Union Bank, in trust for the following uses and purposes:
(a) This trust shall be for the benefit of my wife during her lifetime. The trustee shall pay to my wife, or for her benefit a sum sufficient to insure her having a monthly income from all sources of Five Hundred ($500.00) Dollars.
In the event my wife has extraordinary need, such as illness or the necessity of nursing care, the Trustee, in its sole discretion, may pay such additional trust income as may be necessary and possible for my wife’s needs.
(b) Upon the death of my wife, this Trust shall terminate and the corpus and accumulated income paid over to Thomas H. [806]*806Chappell, Jr., provided he has issue. In the event he is without issue, upon the death of my wife, said Trust shall continue for his benefit and all the income paid over to him at such times as are convenient to him and my Trustee. The Trustee at its sole discretion, may encroach upon the corpus in. the event of an extraordinary need of this said beneficiary, such as illness. At such time as my said grandson has issue, this Trust shall terminate and the corpus and accumulated income shall be paid over to said beneficiary. In the event the grandson is deceased without issue, then this trust shall, at his death, or in the event of his death prior to my wife’s, terminate and the corpus and accumulated income shall pass to the Board of Trustees of the Tennessee Annual Conference of the Methodist Church.
In the event my said grandson is deceased, leaving issue, at the time of my. wife’s death, this Trust shall continue for the benefit of said issue, and the Trustee shall pay over the income to that person having custody of such beneficiaries. In this event, said Trust shall terminate and the corpus and accumulated income paid over, per stirpes, to said issue of my grandson, twenty (20) years after his death.”

The case was tried on a stipulation of facts. The parties stipulated that: Edwin D. Chappell died on the third day of August, 1975. His widow, Margaret Chappell timely dissented from his will, and is still living. Thomas H. Chappell, Jr., the grandson of the testator, is living and has a living child, Elizabeth Amanda Chappell, born on December 26,1976. The residuary estate of Edwin D. Chappell approximates $60,000.00.

On considering the stipulations and the will, the chancellor concluded that “the remainder interest in the trust established under the Will of Edwin D. Chappell [was] accelerated by the dissent of his widow from his Will and thereby vest[ed] in the remainderman, the plaintiff, Thomas H. Chappell, Jr., he having had issue living.” The chancellor further found that the application “of the doctrine of acceleration does not contradict the intention of the testator,” as gleaned from the will.

The Court of Appeals was of a different opinion. It held that the remainder interests in the trust described in Item Eight of the Will were contingent and were to be determined at the time of the death of Mrs. Chappell. They further concluded that the acceleration of the remainder interests would be contrary to the intent of the testator.

It is generally accepted that where a testator creates a life estate in his widow, and the law gives the widow the right to elect either to take under the will or under the statute of dissent and distribution, the law charges the testator with knowledge of the right of the widow to elect and presumes that the intention of the testator was that the election of the widow to take her share of the estate under the intestate laws in lieu of the life estate given her in the will is, in legal contemplation, equivalent to her death. Albright v. Albright, 192 Tenn. 326, 241 S.W.2d 415, 418 (1951); American Trust Co. v. Johnson, 236 N.C. 594, 73 S.E.2d 468, 471 (1952); 97 C.J.S. Wilis § 1291 (1957). See also Meek v. Trotter, 133 Tenn. 145, 180 S.W. 176 (1915), wherein it is stated:

The decisions elsewhere, also, appear to be uniform to the effect that a renunciation by a widow of a life interest given her by the will is equivalent to its termination by her death so far as the vesting in possession of the remainder, by way of acceleration, is concerned. 180 S.W. at 178.

And, except in situations where the testator has manifested an intent to the contrary, the interest of a remainderman will be accelerated on premature termination of the prior estate. See Albright v. Albright, 192 Tenn. 326, 241 S.W.2d 415 (1951); 97 C.J.S. Wills § 1291 (1957). The doctrine of acceleration, which has been accepted in this state, rests upon the theory that the enjoyment of an interest, having been postponed for the benefit of a preceding estate, upon termination of such preceding estate before [807]*807it would ordinarily expire, ultimate takers should come into the immediate enjoyment of their property. Wachovia Bank & Trust Co. v. McEwen, 241 N.C. 166, 84 S.E.2d 642, 645 (1954).

In the instant case, the parties and the courts recognized the above general principles but disagreed sharply on their application in this case. The disagreement centered on whether the interest created in the remainderman under the will was vested or contingent and on whether the testator intended the remainder interest to be accelerated on termination of the life estate in Mrs. Chappell.

The characterization of the estate bequeathed to the remaindermen as either contingent or vested, while material to the issue of intent of the testator, is not the sole or ultimate key to whether a remainder interest in an estate will be accelerated where the primary beneficiary of a bequest dissents from the will, though admittedly, there are statements in Albright v. Albright, supra, which indicate a contingent remainder can never be accelerated and a vested remainder always will be. But, as in all instances of will construction, the ultimate key as to whether a remainder interest will be accelerated on early termination of the primary estate is the intention of the testator manifested in his will. Martin v. Taylor, 521 S.W.2d 581 (Tenn.1975); Albright v. Albright, 192 Tenn. 326, 241 S.W.2d 415 (1951); 97 C.J.S. Wills § 1291 (1957). See also 31 C.J.S. Estates § 82 (1964), wherein the basic principles dealing with the acceleration of a remainder interest are set forth as follows:

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Related

WACHOVIA BANK & TRUST COMPANY v. McEwen
84 S.E.2d 642 (Supreme Court of North Carolina, 1954)
American Trust Co. v. Johnson
73 S.E.2d 468 (Supreme Court of North Carolina, 1952)
Martin v. Taylor
521 S.W.2d 581 (Tennessee Supreme Court, 1975)
Albright v. Albright
241 S.W.2d 415 (Tennessee Supreme Court, 1951)
Meek v. Trotter
133 Tenn. 145 (Tennessee Supreme Court, 1915)

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Bluebook (online)
596 S.W.2d 804, 1980 Tenn. LEXIS 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-board-of-trustees-of-the-tennessee-annual-conference-of-the-tenn-1980.