BARBARA FAUL and ANDREW WASNER, Appts.,
v.
JOHN L. FRENCH, Administrator of Eugene Rhodes, Deceased.
No. 74
Nos. 73, 74.
Argued November 5, 6, 1902.
Decided January 5, 1903.
These are appeals from a decree of the court of appeals of the District of Columbia on a bill of interpleader exhibited in the supreme court of the District by the administrators with the will annexed of the estate of Sophia Rhodes, deceased. At the conclusion of the administration there remained in the hands of the administrators a fund of $14,891.89 for distribution, which was claimed by the Young Women's Christian Home, a corporation of the District of Columbia, created by act of Congress; the next or kin of Sophia Rhodes; and the administrator of the estate of Eugene Rhodes, deceased; and the interpleader was filed to determine the rights of the parties.
The will of Sophia Rhodes was executed at Washington, May 10, 1894, and read as follows:
'In the name of the bountiful Giver of all. Amen.
'I. Sophia Rhodes, of the city of Hutchinson, in the state of Kansas, temporarily residing at Washington, in the District of Columbia, being now of sound and disposing mind and memory, do make, publish, and declare this my last will and testament, hereby revoking all former wills or testamentary dispositions of my property.
'I now dispose of the property and estate which it has pleased Almighty God to intrust to me, as follows, viz.:
Imprimis. I will that all my just debts and funeral expenses shall be paid by my executor hereinafter named, out of the first money from my estate that shall come into his hands.
Item 1. I give, devise and bequeath unto my husband Oliver Wheeler Rhodes, during his life one half (1/2) of the income from all my properties and estate in the next following item of this last will and testament disposed of, to be paid over to him from time to time by my executor hereinafter named, who, for this purpose, shall also act as trustee.
'''Item 2. I now give, devise, and bequeath unto my only and beloved son, Eugene Rhodes, all my property, real, personal, and mixed, of whatsoever nature, kind, or description, including moneys, credits, and evidences of indebtedness of which I may be possessed at the time of my death, to be his absolutely, to hold and to dispose of as unto him may seem good and proper, and subject only to the provisions of item 1 of this last will and testament.Item 3. In the event of the death of my son, Eugene Rhodes, before the decease either of myself or of my husband, I then give, devise, and bequeath all my property, everything I own on earth, as follows, viz.:
'1st. I give, devise, and bequeath all my pictures and paintings to the Young Women's Christian Home, in the city of Washington, District of Columbia. It is my will that the said pictures and paintings may, so long as the said home shall exist, be the ornaments of the said home, with my name as the giver connected with them during that time.
'2nd. All the rest and residue of my property, real, personal, and mixed, I give, devise, and bequeath to Michael H. Fitch, of Pueblo, Colorado, to have and to hold, in trust nevertheless, to invest the same to the best of his knowledge and experience, and to pay over the rents and profits arising therefrom to my husband, Oliver Wheeler Rhodes, during his, my said husband's life; and on the death of my said husband to turn over the said property, moneys, etc., with whatsoever accumulation thereon may be existing, to the Young Women's Christian Home, of Washington, in the District of Columbia, to be the property of the said home absolutely.Item 4. In the event of my becoming the survivor of both my husband. Oliver Wheeler Rhodes, and of my son, Eugene Rhodes, I then give, devise, and bequeath all my property, real, personal, and mixed, of whatsoever nature, kind, or description, to the Young Women's Christian Home, of the city of Washington, in the District of Columbia, to have and to hold the same absolutely and forever, for the good of that institution. It is my will that my pictures and paintings shall be disposed of in this event as provided in paragraph 1st, of item 3, of this last will and testament.
'''Lastly. I hereby constitute and appoint my only son, Eugene Rhodes, the sole executor and trustee of this my last will and testament; and it is my will that my said sole executor and trustee shall administer and execute this last will and testament without giving bond therefor.'