Sturgis v. Stinson

404 S.E.2d 56, 241 Va. 531, 7 Va. Law Rep. 2395, 1991 Va. LEXIS 68
CourtSupreme Court of Virginia
DecidedApril 19, 1991
DocketRecord 901150
StatusPublished
Cited by12 cases

This text of 404 S.E.2d 56 (Sturgis v. Stinson) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sturgis v. Stinson, 404 S.E.2d 56, 241 Va. 531, 7 Va. Law Rep. 2395, 1991 Va. LEXIS 68 (Va. 1991).

Opinions

JUSTICE LACY

delivered the opinion of the Court.

In this will construction case, we determine whether the testator placed restrictions on the amount of income which the income beneficiary was to receive and, if not, whether the executor was required to administer the assets of the trust created by the will in a manner which did not discriminate between successive beneficiaries and which produced a reasonable level of income in relation to the value of the trust assets.

Dr. William J. Sturgis, Jr., died testate in 1986, leaving an estate valued at $1,140,462, consisting of an automobile, approximately $300,000 in various stocks and bonds, and two parcels of real estate — Bush Hill Farm (the farm), valued in the estate inventory at $708,500, and a one-third undivided interest in another parcel of land with a value of $126,000. His will provided [534]*534that his widow, Anne Sturgis, receive all the income from his estate for her lifetime. At her death, or if she were to renounce the income, the residue of the estate was to pass to his children, Susan Sturgis Stinson and Christopher S. Sturgis (the remaindermen).

The testator named his wife and Robert C. Oliver, Jr., as co-executors. Upon the wife’s election not to serve, Oliver qualified as executor of the estate. In 1989, he filed a bill of complaint stating that the income beneficiary, Mrs. Sturgis, had complained that “the income derived from the estate is insufficient based upon the value of the assets of the estate” and asked that property of the trust be sold and so reinvested as to derive greater income. The remaindermen opposed the sale of the property and maintained that the trust assets could not be sold without their consent. The executor sought the guidance of the chancellor.

After an ore tenus hearing, the court entered a final decree holding that the will “created a trust;” that the executor had the obligation to deliver all the net income of the trust to Mrs. Sturgis and to invade the trust corpus when he determined the income therefrom was insufficient to meet the needs of the income beneficiary; that the executor had the “authority, but not the obligation, to convert assets of the estate . . . including real estate, to forms other than those in which he received them, so long as he behaves consistently with the ‘prudent man’ rule;” and that the executor “has performed properly under the terms of the will.” We awarded Mrs. Sturgis, the income beneficiary, an appeal from this decree.

The primary controversy here revolves around a single, but valuable, asset of the trust — Bush Hill Farm. This farm constitutes approximately 75% of the corpus of the trust and, at the time of trial, had a fair market value of $1.5 million. The maximum annual net income generated by this asset and paid to Mrs. Sturgis was $1,265.99 in 1988.

Mrs. Sturgis asserts that this return on the property, representing eighty-four one-thousandths of one percent of its fair market value, classifies this property as an unproductive asset and that, under general trust principles, the executor has an obligation to sell it and reinvest the proceeds. The executor and remaindermen contest Mrs. Sturgis’ assertion that selling the farm is required in this case.

Under general trust law principles, where, as here, a trust is created for successive beneficiaries, the trustee has a duty to [535]*535deal impartially with them. Shriners Hospitals v. Smith, 238 Va. 708, 710, 385 S.E.2d 617, 618 (1989); Patterson v. Old Dominion Trust Co., 139 Va. 246, 257, 123 S.E. 549, 552 (1924). The parties agree that the executor’s duties in relation to trust assets set out in the Restatement (Second) of Trusts embody sound and appropriate principles:

The trustee is under a duty to the beneficiary to use reasonable care and skill to make the trust property productive.

Restatement (Second) of Trusts § 181 (1959).

Unless it is otherwise provided by the terms of the trust, if property held in trust to pay the income to a beneficiary for a designated period and thereafter to pay the principal to another beneficiary produces no income or an income substantially less than the current rate of return on trust investments, and is likely to continue unproductive or under-productive, the trustee is under a duty to the beneficiary entitled to the income to sell such property within a reasonable time.

Id. at § 240.

The executor and remaindermen assert that the trial court was correct in declining to apply these principles and require sale of the farm because the disposition and management of the farm and other trust assets were “otherwise provided by the terms of the” will. The remaindermen argue that the testator intended that the farm not be sold unless necessary to meet the needs of the income beneficiary. The executor argues that as long as the income beneficiary is receiving income sufficient to meet her needs, his discretion as to the management of trust assets should not be disturbed.

In contrast, Mrs. Sturgis argues that the will places no condition or limitation on the amount of income she is to receive and contains nothing to support the inference drawn by the chancellor that the testator wished to retain the farm as a family heritage.

Resolution of the dispute rests upon the testator’s intention as reflected in the will. The chancellor held that Mrs. Sturgis was entitled to “all net income of the trust,” but he also found that the testator intended that she receive income necessary to provide her with “comfortable maintenance and welfare according to her standard of living.” Therefore, the trial court concluded, in effect, that [536]*536the executor was not required to manage the trust assets in a manner designed to provide income in excess of that amount.

As a general rule, the factual determinations of the trial court are accorded substantial deference on review and will be reversed only if plainly wrong or without evidence to support them. However, that standard is inapplicable here because the trial court’s conclusions regarding the testator’s intent and its construction of the will were opinions based solely on the will, and on testimonial evidence and other documents hot in material conflict. Hankerson v. Moody, 229 Va. 270, 274, 329 S.E.2d 791, 794 (1985); Durrette v. Durrette, 223 Va. 328, 332, 288 S.E.2d 432, 434 (1982); Rinehart & Dennis Co. v. McArthur, 123 Va. 556, 567, 96 S.E. 829, 833 (1918). We begin our review by examining the relevant portions of the will.

Paragraph Four of the will consists of three sections. The first declares that Mrs. Sturgis is to receive “[a] 11 of the income of my estate, of every nature and wheresoever situate,” during her lifetime.

The second section of Paragraph Four provides that:

If at any time,... in the opinion of my Co-Executor,. . . the income of my estate together with such other income available to my wife is insufficient to meet any unusual expense ... or to provide for her comfortable maintenance and welfare, then such Co-Executor may pay to my wife . . .

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Cite This Page — Counsel Stack

Bluebook (online)
404 S.E.2d 56, 241 Va. 531, 7 Va. Law Rep. 2395, 1991 Va. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sturgis-v-stinson-va-1991.