Opinion
No. 3540.
Decided June 5, 1945.
In a petition for instructions under a will providing that upon the death of a life income beneficiary of a trust fund established thereby, such income shall be paid to the beneficiary's legal representatives, the words "legal representatives" are construed to mean his heirs-at-law. In such case, the heirs-at-law are to be determined by the law of domicile of the beneficiary at the time of his death.
PETITION by Roger B. Conant, of Dedham, Massachusetts, and Francis W. Capper, of Brookline, Massachusetts, trustees under the will of Frances V. Bartlett, late of Exeter, in the County of Rockingham, praying the advice of the Court in regard to the administration of said trust.
Under the sixth clause of her will, Frances V. Bartlett created a trust fund consisting of the residue of her estate after payment of her debts and certain specific legacies, and directed that the income be paid out as follows: "One-fifth part of said interest to be paid to Nora Brewer — one-fifth part to Henry Brewer — one-fifth part to Arthur Brewer, one-fifth part to Carl Brewer, persons named above and the remaining one-fifth part to the children of Mrs. Florence T. Curtiss — namely to Sidney Curtiss, Christine Curtiss and Malcolm Curtiss, in equal parts — and to the legal representatives of such of them as may have deceased so long as any of the children of Mrs. Georgiana Brewer and the above named children of Mrs. Florence T. Curtiss shall be living."
The above-named Malcolm T. Curtiss died November 16, 1942, leaving a widow, Alice B. Curtiss of Hingham, Massachusetts, and two children, Charlotte Curtiss Addoms of Hingham, Massachusetts, and Malcolm T. Curtiss, Jr., of Norfolk, Virginia.
Lorimer, C. J., transferred without ruling the following question: "To whom shall the Trustees pay the income from the interest in the trust fund of which Malcolm was beneficiary during his lifetime?"
Ernest G. Templeton, for the plaintiffs, filed no brief.
George R. Scammon, John W. Perkins and Sanford Stoddard of Massachusetts (Mr. Stoddard orally), for the Brewer life tenants.
Upon the decease of Malcolm Curtiss, it became the duty of the plaintiffs to pay his share of the income from the trust fund to his "legal representatives," and the plaintiffs, being in doubt as to who his legal representatives may be, seek the advice of the court on this question.
In Merchants c. Co. v. Egan, 91 N.H. 368, 371, this court had occasion to consider the meaning of the words "legal representatives" as used in Laws 1937, c. 161, s. 17, par. IV, and it was there said: "The words `legal representatives' have no fixed meaning in the law. Their significance varies according to the circumstances of their use. `The term "legal representatives" is not necessarily restricted to the personal representatives of one deceased, but is sufficiently broad to cover all persons who, with respect to his property, stand in his place and represent his interest, whether transferred to them by his act or by operation of law.' New York Mut. Life Ins. Co. v. Armstrong, 117 U.S. 591, 597." It was accordingly held in that case that the words "legal representatives" should be construed to mean heirs. We think that, under the circumstances of the present case, we should give them a similar interpretation, and the plaintiffs are accordingly advised that, as argued by the Brewer life tenants, the words "legal representatives" should be construed to mean the heirs-at-law of the deceased life tenant. Who these persons are is to be determined by the law of his domicile at the time of his death. Anderson v. French, 77 N.H. 509, 513, and cases cited. It is alleged in the petition that "said Malcolm T. Curtiss, Senior, died on the sixteenth day of November, 1942, and is survived by a widow, Alice B. Curtiss, and two children, Charlotte Curtiss Addoms and Malcolm T. Curtiss, Junior, his sole heirs-at-law." Assuming the truth of this allegation under the law of Massachusetts, the income from the interest of Malcolm Curtiss in the trust fund should be paid to the above-named persons.
Case discharged.
All concurred.