Dewire v. Haveles

404 Mass. 274, 534 N.E.2d 782 (1989)

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Nature of the Case

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Facts

Testator left most of his estate in a residuary trust. The income was payable to Testator's wife for life, then to his son, his son's widow, and his son's children. In the will, Testator expressed his intent that all his grandchildren share equally in the income from the estate. The will provided that the trust was to terminate twenty-one years after the death of the survivor of the children of Testator's son, at which time the principal was to be distributed among the lineal descendants of the grandchildren. The will did not contain any provisions regarding the distribution of income of a deceased grandchild or regarding what the trustee was to do with the income between the time of death of the last grandchild and the termination of the trust. Testator's son had a total of six children, all of whom were found to be part of the class of grandchildren entitled to a share of the trust income. The first of the grandchildren to die was survived by a daughter (P), who petitioned for distribution of her deceased grandfather's share of the trust income.