“ Chater:--
'I have not been a good Correspondent for I have many cares and responsibilities resting upon me.
'I am simply writing to you now about a matter of Lottie Lee's which I do not wish to write to her under present conditions or to trouble her at all about it. It is this before her marriage I had given her 250 shares of the Hawaiian Sugar stock paying regularly a monthly dividend of $75. Since a sale was made last summer of my large holdings in the American Sugar Co. ”

“ Chater will observe, that as to these additional shares they shall remain in my family.' Mrs. Chater was the chief object of the bounty. What she was to receive, and when she was to receive it, were stated in plain terms. Beyond this, we think there are none of the implications that are deemed to arise in cases of wills.
But the event that happened,-her death before January 1, 1910,-although evidently in contemplation as a possible event, was not provided for. What then happens? The trust has failed; the trustee is functus officio; he cannot in equity retain the fund for himself ”

“ The subject of the controversy is 585 shares of the stock of the Hawaiian Sugar Company, for which a certificate accompanied the trust instrument, the certificate being in the name of 'Alfred W. Carter as trustee for Charlotte Lee Hartwell Chater;' separate certificates being at the same time issued and delivered to Mr. Carter as trustee for Juliette Hartwell and Dorothy Hartwell, respectively, and a certificate for 250 shares in the name of Charlotte Lee Hartwell Chater being also delivered to him. ”

“ All the daughters were of age. Mabel had children, who still survive.
'Charlotte Lee Hartwell Chater died in Natick, in the county of Middlesex, commonwealth of Massachusetts, where she had been residing with her husband, Charles H. Chater, on the 3d day of September, 1909, in childbirth, intestate, leaving the complainants, her husband, Charles H. Chater, and one child, the complainant, Charles Hartwell Chater, who was born on August 30, 1909 ”