Fleet National Bank v. Miglietta

614 A.2d 1218, 1992 R.I. LEXIS 122, 1992 WL 246278
Procedural entryThis page is a short order in Fleet National Bank v. Miglietta. Read the opinion of the Court — 1992 R.I. LEXIS 16
Supreme Court of Rhode Island·Decided May 19, 1992·No. No. 91-42-Appeal·Published

Opinion

OPINION

SHEA, Justice.

This matter comes before the Supreme Court on a petition for clarification filed by the trustee, Fleet National Bank, following the issuance of our opinion in Fleet National Bank v. Miglietta, 602 A.2d 544 (R.I.1992) (Miglietta I). In that case we were asked to answer a question submitted by the parties and certified by the Superior Court concerning the distribution of the principal of a special trust created pursuant to the will of Samuel Pomeroy Colt. We determined that the principal of the special [1219]*1219trust created by the 27th clause (hereafter the 27th-clause special trust) of the testator’s will should be distributed according to the instructions of the 28th clause of the testator’s will. As a result of this determination, new questions have arisen concerning distribution of the principal of the special trust. Since the trustee and the parties failed to inform the court at the time we were considering Miglietta I that these new questions would arise, we have granted the trustee’s motion for clarification in order to address these issues.

The trustee requests that two questions be answered in its motion for clarification. First, the trustee asks, “With respect to the three-sixths that would go to Russell, Roswell, and LeBaron if they were alive, how should the share of any grandchildren of LeBaron who is now deceased be distributed?” Next the trustee asks, “With respect to the remaining three-sixths, should the shares of the children of Russell, Roswell, and LeBaron who died without having had issue be distributed to the testator’s estate as intestate property or to the testator’s heirs-at-law determined as of the respective dates of death of such children?”

I

In Miglietta I we determined that according to the instructions in the 28th clause of the testator’s will, three-sixths of the 27th-clause special trust fund that “would go to Russell, Roswell, and LeBar-on if they were alive should be distributed according to the rule established in Flynn.” 602 A.2d at 550. Industrial Trust Co. v. Flynn, 74 R.I. 396, 60 A.2d 851 (1948), instructs that “upon the death of each first life tenant the income from his particular share was given in equal shares to the surviving children of that first life tenant as individuals for and during their respective lives.”1 Id. at 415, 60 A.2d at 860. Thus the rule established in Flynn holds that the children of Russell, Roswell, and LeBaron would share equally the share to which their father was entitled.

The first question posed in the petition for clarification asks specifically how the three-sixths share that would go to Russell, Roswell, and LeBaron if they were alive should be distributed to the grandchildren of LeBaron. This question is significant because three of LeBaron’s grandchildren — Theodora Barrows McCue, Edwin A. Barrows, Jr., and Barbara Barrows Nightingale — have died leaving issue. The trustee asserts that there are two possible answers to this question. First, LeBaron’s grandchild’s share could be distributed to their issue per stirpes. Second, LeBaron’s grandchild’s share could be distributed to the grandchild’s estate.

Relying on the plain language of the Miglietta I opinion, we determine that Le-Baron’s grandchildren’s share of LeBaron’s one-sixth share of the 27th-clause special trust fund should be distributed to each of the grandchildren’s estate. In Miglietta I we stated, “[T]he grandchildren are entitled to receive a per stirpes share of what their parents were entitled to discharged of all trust. See Flynn, 74 R.I. at 415-16, 60 A.2d at 860.” 602 A.2d at 550. The plain meaning of this sentence is that the grandchildren of Russell, Roswell, and LeBaron receive a per stirpes share of what their parents received from their own father or mother. Moreover, this per stirpes share is discharged of all trust. The Flynn court reached the conclusion that this distribution was discharged of trust because, if the distribution were not discharged of trust, the rule against perpetuities would be violated, the gift over would be void, and thus the testator’s intent would be defeated. See Flynn, 74 R.I. at 415-16, 60 A.2d at 860. The Flynn court stated that “the income of which each second life tenant individually was entitled for life, was then vested in interest individually and independently in the child, or in equal shares in the children * * * of such second life tenant * * * vested in enjoyment in and was distributable to her children, per stirpes and not per capita, as an estate in fee simple [1220]*1220free of all trust.” 2 Id. Thus the chain of distribution ends, and the money should remain in the grandchild’s estate.

The Miglietta I opinion also further discussed the court’s decision in Flynn. We said of the result in Flynn that “the three children of Theodora Barrows split in three portions the income that she had received before her death from the 27th-clause special trust. Id. at 416, 60 A.2d at 860.” 602 A.2d at 548. Of course, Theodora Barrows was a daughter of LeBaron and therefore her children were his grandchildren. A review of what Flynn says on the cited pages is enlightening. It states that the net income from the 27th-clause special fund is distributed to Theodora Barrows’s children “as follows: one-third thereof to the estate of Theodora Barrows McCue,. her deceased daughter; one-third thereof to her son Edwin A. Barrows, Jr.; and one-third thereof to the estate of Barbara De-Wolf Nightingale, her other deceased daughter.” (Emphasis added.) Flynn, 74 R.I. at 416, 60 A.2d at 861. This passage clearly indicates that if a grandchild dies, the income from the 27th-clause special trust goes to that grandchild’s estate.

Therefore, we answer trustee’s first question by stating that with respect to the three-sixths that would go to Russell, Roswell, and LeBaron if they were alive the share of each of LeBaron’s grandchildren should be distributed to the grandchild’s estate.

II

The second question proposed by the trustee essentially asks whether, with respect to the remaining three-sixths of the 27th-clause special trust, the shares of Russell Colt’s sons, Samuel and John; Roswell Colt’s son, Byron; and LeBaron Colt’s daughter, Mary Gross should be distributed to the testator’s estate as intestate property or to the testator’s heirs at law determined as of the respective dates of death of such children as directed by the 28th clause.

In Miglietta I we determined that “[t]he remaining three-sixths [of the 27th-clause special trust fund] shall be distributed according to the instruction in the 28th-clause.” 602 A.2d at 550. The pertinent part of the 28th clause for answering the trustee’s second question states:

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Fleet National Bank v. Miglietta, 614 A.2d 1218, 1992 R.I. LEXIS 122, 1992 WL 246278 (R.I. 1992).

614 A.2d 1218 (Fleet National Bank v. Miglietta) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Fleet National Bank v. Colt
529 A.2d 122 (Supreme Court of Rhode Island, 1987)
Fleet National Bank v. Miglietta
602 A.2d 544 (Supreme Court of Rhode Island, 1992)
Industrial National Bank of Providence v. Morey
133 A.2d 724 (Supreme Court of Rhode Island, 1957)
Industrial Trust Co. v. Flynn
60 A.2d 851 (Supreme Court of Rhode Island, 1948)