Spaulding v. Morse – Case Brief
Spaulding v. Morse, 322 Mass. 149, 76 N.E.2d 137 (Mass. 1947).
Facts: Upon his divorce from Ruth, George Morse (D) created a trust to provide support for his children Merilyn and Richard including Richard’s college education. Richard was inducted into the army upon graduation from high school in 1946. Spaulding (P), the trustee, sued D for the funds to provide for Richard’s college education even though Richard was in the military. The language in the trust document did not contain an express cut off provision to stop payments after the age of majority. Instead, the trust agreement called for D to make payments until Richard entered college. The trial court found for P and required D to continue to make payments until Richard entered college, and then to finance Richard’s college education for four years. D appealed.
Issue: If a writing makes it apparent that the drafter desired a particular result, although that desired result was not expressed by formal words, can that result be read into the writing to conform to the intent of the drafter?
Holding and Rule: Yes. If a writing makes it apparent that the drafter desired a particular result, although that desired result was not expressed by formal words, that result can be read into the writing to conform to the intent of the drafter.
If an instrument as a whole produces a conviction that a particular result was fixedly desired although not expressed by formal words, that result may be supplied by implication and the underlying intention effectuated provided that it is sufficiently declared by the entire instrument.
Every instrument in writing is to be interpreted with a view to the material circumstances of the parties at the time of execution in light of the facts at that moment and to give effect to the main goal to be accomplished. An instrument must be construed so as to give effect to the intent of the parties.
The court held that in this case it was manifest that D intended to provide for the maintenance and support of a minor child and to provide a means for that child to attend college. Richard’s education was interrupted by his induction into the army. Under these circumstances, the proper construction of the trust agreement was that D is not required to pay while Richard is in the armed forces.
Disposition: Reversed.