In Re Estate Of Lee

299 P.2d 1066 (1956)

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Nature of the Case

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Facts

Lee's will stated that upon the death of son, Fairman Burbidge Lee, the trustee, Seattle-First National Bank, is authorized to pay to each of her grandchildren so much from the income and/or principal of the estate as my the trustee shall deem necessary and proper for the maintenance, health, and education of such grandchild until he shall have completed his education, but not after he shall have attained the age of twenty-five (25) years. Afterward, the trustee was to pay each of the grandchildren after he has completed his education, $25.00 per month from the income and/or principal until the youngest of the grandchildren shall have attained the age of forty (40) years, at which time my said estate shall be distributed to my grandchildren then living at said time, share and share alike; provided further that in the event none of my said grandchildren shall live to attain the age of forty (40) years, then upon the death of my last grandchild prior to attaining the age of forty (40) years, the trustee shall then distribute my estate to my great-grandchildren.' If all the grandchildren shall die prior to attaining the age of forty (40) years, without issue, then all of the remainder of the estate in the hands of my trustee shall be used by my trustee to endow beds in the Children's Orthopedic Hospital. If any provisions should be void on account of the rule of perpetuities or any other rule of law pertaining to such trusts, then the trusts shall continue in force for the full period permitted by law and on the day prior the trustee shall make distribution of any remainder of the trust estate to the persons herein named who would be entitled to take distribution thereon upon termination of the trust.' If any provisions are declared illegal or void they shall not affect any other portion of this instrument and all other parts thereof shall remain in full force and effect the same as if no part thereof had been declared void. Lee provided a life estate for her son, which was valid. It was conceded that the remainders violate the rule against perpetuities. The court was asked to decide if the trust was saved by the eighth and tenth paragraphs. The court determined that the distribution to the 'persons herein named who would be entitled to take distribution thereon at the termination of the trust' was sufficiently definite to enable the court to ascertain to whom distribution was to be made upon termination of the trust. Son contends that the provision is too indefinite and the entire trust has failed. Son contends that Lee died intestate and the estate should be distributed immediately to her only heir at law, her son, Fairman Burbidge Lee. This appeal resulted.