Dewire v. Haveles

Facts

Dewire created a will in which he placed most of his estate in a residuary trust. The income was payable to his widow for life, and, on her death, the income was payable to his son Thomas, Jr., the widow of Thomas, Jr. and Thomas Jr.’s children. After Dewire’s death, Thomas, Jr. had three more children by a second wife. Thomas, III served as trustee from 1978 until his death in 1987. He left a widow and one child Jennifer. He stated in his will, “It is my will, except as hereinabove provided, that my grandchildren, under guidance and discretion of my Trustee, shall share equally in the net income of my said estate. At another point he referred to the trust income being “divided equally amongst my grandchildren.” There was no explicit provision in the will concerning the distribution of income on the death of a grandchild while the gift of income to grandchildren continues, nor is there any statement as to what the trustee should do with the trust income between the death of the last grandchild and the date assigned for termination of the trust twenty-one years later.