McIntire v. McIntire

Background

David McIntire, a tin-plate worker, made a will that first gave $1,350.64 (with interest) to each of his brother Edwin’s children, and then directed the remainder to be equally divided between his brothers Edwin’s and Charles’s children. At the time of the will, Charles had two sons (one predeceased the testator) and Edwin had six children (one predeceased the testator). Charles McIntire appealed from the probate account rulings; the administrator with the will annexed also cross-appealed certain account decisions.

Reasoning

The main question was whether the brothers’ children take per capita (equal by head) or per stirpes (by family branch). The Court followed the general rule that gifts to children of several relatives described by their relation take per capita, not per stirpes, and rejected relying on the informal wording like “between.” The Court also upheld charging the estate with counsel fees paid to defend the will. It refused the administrator’s claim for commissions because he had previously agreed to act without allowance, and it affirmed other account items: partial distributions, payments charged to legatees, and interest charges on sums the administrator received but did not account for.

Real world impact

The decision determines how these heirs share the residue (by head), lets the estate bear reasonable fees for defending the will, and enforces accounting adjustments against the administrator and certain legatees. The decree of the lower court is affirmed.