Peters v. Ueland

65 N.W.2d 906, 242 Minn. 452, 1954 Minn. LEXIS 664
CourtSupreme Court of Minnesota
DecidedJuly 2, 1954
DocketNo. 36,325
StatusPublished
Cited by16 cases

This text of 65 N.W.2d 906 (Peters v. Ueland) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peters v. Ueland, 65 N.W.2d 906, 242 Minn. 452, 1954 Minn. LEXIS 664 (Mich. 1954).

Opinion

Thomas Gallagher, Justice.

We are asked to construe certain provisions of an inter vivos trust executed by Douglas A. Fiske, a Minneapolis attorney, and Alice Y. Fiske, his wife, on September 1, 1923, the trust in part constituting a settlement in lieu of alimony in divorce proceedings then pending between them, and in part constituting a disposition of the trust property for the benefit of the parties and their children. The divorce was granted Alice V. Fiske October 10, 1923, the terms of the trust becoming a part of the decree.

The corpus of the trust consists of certain real estate known as the Fiske building at the northwest corner of Nicollet avenue and Eleventh street in Minneapolis. It was then subject to a lease for 100 years from April 1, 1920, which yielded $12,500 per annum net, and which by its terms called for increased rentals from time to time so that ultimately it was intended to result in net income of $23,600 per annum.

Douglas A. Fiske was 56 years and Alice V. Fiske 53 years of age when the trust was executed. They then had two children — a son, Torrance, 31 years of age, and a daughter, Lois Fiske Peppard, 29 years of age. Torrance was then a widower with no living child. [455]*455Lois had two daughters — Lois (now Lois Hutchins) and Alice (now Alice McIntyre), respectively three years, and eight months of age.

The paragraphs of the trust material to the question to be determined here are as follows:

“(I)
“The said parties of the second part [the trustees] * * shall hold said property during the lives of the said Douglas A. Fiske and the said Alice V. Fiske * * and during the lives of Torrance Fiske and Lois Fiske Peppard, children of said first parties, and during the lives of Lois Peppard and Alice Torrance Peppard, children of said Lois Fiske Peppard, and during the life of the survivor of said six (6) persons last above named; and shall * * * apply the net annual rent, income and profits from said trust estate and property, as follows, to-wit:
“First: Twelve Thousand Dollars ($12,000) such net annual income shall be paid over annually by the trustees of Alice Y. Fiske, one of the parties of the first part, during the term of her natural life, such annual payment of said Twelve Thousand Dollars ($12,000) to be made in equal monthly installments of One Thousand Dollars ($1,000) each, on or before the fifteenth (15th) day of each month, during the term of her 'natural life; if in any year during the life of Alice V. Fiske the net a/nnual income from said trust estate is not sufficient to pay the said Alice V. Fiske the sum of Twelve Thousand Dollars ($12,000.00), then, and in such event, any deficiency in such payment shall he paid to said Alice V. Fiske out of the net income from said trust estate thereafter accruing, until all such deficiencies so accruing shall he paid to sand Alice V. Fiske.
“Second: All of the net annual rent, income and profits from said trust property and estate, in excess of Twelve Thousand Dollars ($12,000.00) per annum, plus the amount necessary to make good any deficiencies in the payments in prior years to Alice V. Fiske under Subdivision First of this Subdivision I, shall be paid annually by the Trustees to the said Douglas A. Fiske, one of the parties of the first part, during the term of his natural life, * * *.
[456]*456“Third: All of the annual net rent, income and profits of said trust estate, except such as is provided to be paid to Alice V. Fiske or Douglas A. Fiske, at the time and for the periods as provided in Subdivision First and Second of this Subdivision I, shall be paid by the Trustees, one-half (1/2) thereof to Torrance Fiske, so long as he survives, and one-half (1/2) thereof to Lois Fiske Peppard, so long as she survives.
“In the event of the death of said Torrance Fiske during the continuance of this Trust, the share in said net annual rents, income and profits from said Trust Estate, which the said Torrance Fiske would have received had he survived, shall be paid, in the event he leaves a wife and issue surviving him, during the continuance of this trust, one-third (1/3) to his wife so surviving him as long as she survives, and two-thirds (2/3) to his issue so surviving him, as long as his issue survive; * * *.
“In the event of the death of said Lois Fiske Peppard during the continuance of this Trust, the share in said net annual rents, income and profits from said Trust Estate, which the said Lois Fiske Peppard would have received had she survived, shall be paid, in the event she leaves a husband and issue surviving her, during the continuance of this Trust, one-third (1/3) to her husband so surviving her as long as he survives, and two-thirds (2/3) to her issue so surviving her, as long as her issue survive; * * *.
*****
“II.
“On the death of the survivor of said Douglas A. Fiske, Alice V. Fiske, Torrance Fiske, Lois Fiske Peppard, Alice Torrance Peppard and Lois Peppard, the principal of said trust estate shall be distributed as follows:
“One-half (1/2) thereof shall be distributed as follows: One-third (1/3) of such half to the widow of Torrance Fiske, if he has left a widow who is then surviving, and two-thirds (2/3) of said half of said trust estate, to the issue of said Torrance Fiske, * * *.
“The other half of the principal of said trust estate, on the death of the survivor of the six (6) persons upon whose lives this trust is [457]*457limited, shall be distributed as follows: One-third (1/3) of such half to the husband of Lois Fiske Peppard, if she has left a husband who is then surviving, and two-thirds (2/3) of said half of said trust estate, to the issue of said Lois Fiske Peppard, * * *.
-» * * * #
“VIII.
“It is the intention that at the end, of each year the trustees shall pay over to the beneficiaries entitled to share in the income from said trust estate, their share of the net income payable for such year which is so closing, * * *.” (Italics supplied.)

In the divorce proceedings, the parties entered into a written stipulation which provided:

“The parties hereto agree to forthwith sign and acknowledge in duplicate a Trust Deed, a copy of which is hereto attached and marked Exhibit ‘A,’ [the trust instrument now involved in these proceedings] * * * and, in the event of the plaintiff procuring a Decree of Absolute Divorce * * *.
“The provisions * * * made for * * * plaintiff [Alice V. Fiske] by the Trust Deed * * * are in lieu of alimony and all other provisions, allowances or interest of any kind in the estate, property and earnings of the defendant, * * *.”

In its decree for divorce the court ordered judgment:

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Cite This Page — Counsel Stack

Bluebook (online)
65 N.W.2d 906, 242 Minn. 452, 1954 Minn. LEXIS 664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peters-v-ueland-minn-1954.