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Wills, Trusts & Estates keyed to Dobris
Harris Trust and Savings Bank v. Beach
Facts
Testator died in 1931 at the age of 69 years. His wife died 51 years later. Testator and Wife had signed a prenuptial agreement in which Wife agreed to forego any potential interest in Testator’s estate in consideration for the life income from a trust created for wife’s benefit. Testator also created a second trust for Wife. The income from each trust was paid to Wife for her life. At wife’s death, 51 years after Testator’s, the issue arose as to whether or not Testator intended the principal of the trusts to pass to his heirs as ascertained at his death, or whether or Testator intended that his heirs be determined at Wife’s death. The Appellate Court granted summary judgment in favor of Appellees in the will contest. Appellants contend that Testator’s intent was that the gift vest at Wife’s death rather than at Testator’s death.
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