In re Estate of Evans

Facts

Testator established a trust for his grandchildren in his will. Testator stated that each grandchildren was to be given $50,000, held in trust, with the interest to be paid to each grandchild when each reached a certain age. After the grandchildren reached the age of 30, each was to be paid the principal on each’s respective share of the trust. Testator had six grandchildren prior to his death, four of whom were born prior to the execution of his will and two of whom were born subsequent to the execution of the will. After his death, Testator had another three grandchildren prior to the oldest grandchild reaching the age of thirty years. Having become aware of these grandchildren’s births, the Trustee sought review as to whether or not these grandchildren qualified as trust beneficiaries. The lower court determined that Testator intended to create a vested gift to a class composed of his six grandchildren living at the time of Testator’s death, subject to being reopened, with new grandchildren to be admitted each time a grandchild reached the age of thirty years, the trust principal to be divided at each reopening. The Trustee appeals this ruling.