Brief Fact Summary. Estate Trustee (Trustee) seeks relief from a lower court order, which he claimed precluded the admission of grandchildren born after Testator Grandfather’s (Testator’s) death.
Synopsis of Rule of Law. If a gift is to a class, and that class is fixed by the terms of the bequest that there may be an interval of time during which the class may increase, then the gift is one that vests in the existing number of the class and such other persons as thereafter become members of the class, with this interval continuing to the point of time or event that is specified and certain.
Issue. Did membership in the class designated by Testator close permanently when the oldest grandchild reached the age of thirty years?
Held. Yes. Membership in the class closed permanently when the oldest grandchild reached the age of thirty years. The lower court erroneously held that membership in the class opened up each time a new grandchild was born, until such time as the entire trust corpus was distributed. This lower court is to be modified. Testator intended to create a vested gift to a certain class. Both the grandchildren living at the time of Testator’s death and the after-born grandchildren who came into being before the time of the distribution of the trust principal arrived that closed the class membership forever, were members of the class. Trustee accepted his trust duties that included carrying out the terms of the will incorporated by reference into the probate judgment. Because of this, any after-born grandchildren retained a potential interest in the estate. Any after-born children who were not represented by a guardian in Trustee’s action lacked proper notice for the probate order to bar their
claims. The lower court ordered should be modified to include those grandchildren born prior to the date on which the oldest grandchildren attained thirty years of age.
An appellate court reviews probate cases for error appearing on the record made in the county court.View Full Point of Law