Upton v. White

I. The will is construed to provide for the conversion of the trust property into cash upon the life beneficiary’s death. The requirement for the trustee to “pay over any property” then held in the trust imports such conversion of the property by him before its distribution. This construction is strengthened by the unitary character of the property the testator left, preventing its economic division in proportionate parts among the remaindermen. To give “equal portions” of the property at the son’s death among four persons with the unitary character of the property unchanged, contemplates…