Dewire v. Haveles
534 N.E.2d 782 (1989)
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Rule of Law:
When interpreting a class gift of income in a will, the default rule of construction that class members are joint tenants with rights of survivorship can be overcome by evidence of the testator's contrary intent. Such intent may be inferred from other provisions in the will, including a gift over to the lineal descendants of the class members, which suggests an intent to treat each family line equally on a per stirpes basis.
Facts:
- Thomas A. Dewire died in 1941, leaving a will that placed most of his estate into a residuary trust.
- The will directed trust income to be paid to his widow for life, and upon her death, to his son, Thomas, Jr., his wife, and their children (the grandchildren).
- At the time of Dewire's death, his son Thomas, Jr. had three children; he later had three more children with a second wife, for a total of six grandchildren.
- The will stated the trust would terminate 'twenty-one years after the death of the last surviving child of my said son, Thomas A. Dewire, Jr.'
- The will provided for the trust property to then be 'equally divided amongst the lineal descendants of my grandchildren,' a provision which violates the rule against perpetuities.
- Grandchild Thomas, III, died in 1987, survived by his daughter, Jennifer Ann Dewire, creating a dispute over who should receive his one-sixth share of the trust income.
Procedural Posture:
- A petition for a declaration of rights was filed in the Massachusetts Probate and Family Court to interpret the will of Thomas A. Dewire.
- The Probate and Family Court judge reserved and reported the case to a higher court on a statement of agreed facts.
- The Supreme Judicial Court of Massachusetts transferred the case from the intermediate appellate court on its own motion.
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Issue:
In a class gift of trust income to 'grandchildren,' does the share of a grandchild who dies during the term of the gift pass to that grandchild's issue, or does it go to the surviving grandchildren, when the will contains a gift over to the 'lineal descendants' of the grandchildren at the trust's termination?
Opinions:
Majority - Wilkins, J.
Yes, the share of a deceased grandchild passes to that grandchild's issue. While the general rule is that members of a class gift are joint tenants with rights of survivorship, this is a rule of construction that gives way to a testator's contrary intent. The testator's provision for the trust principal to ultimately be divided 'amongst the lineal descendants of my grandchildren' indicates an overarching intent to treat each grandchild's family line equally. It is logical to infer that the testator intended this per stirpes distribution to apply to the income interest as well, thus allowing Jennifer, the child of the deceased grandchild, to take her father's share by right of representation.
Analysis:
This decision illustrates the court's preference for discerning and enforcing the testator's probable intent over the rigid application of default common law rules of construction. By looking to a provision that was itself void under the rule against perpetuities to interpret the testator's intent for a valid provision, the court affirmed that all parts of a will can be used as evidence of a testator's overall dispositive scheme. This approach provides flexibility in will interpretation but also creates some uncertainty, as it moves away from the predictability of fixed rules like joint tenancy for class gifts. The case reinforces the principle of per stirpes distribution where there is ambiguity but an overall intent to benefit family lines equally.
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