Estate Of Holt

857 P.2d 1355 (1993)

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Nature of the Case

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Facts

The testamentary trust was created by the 1914 will of George, who died in 1929. The testamentary trust was to last for as long a period as is legally possible and the determination or ending of the trust to take place when the law requires it. The trust was to pay the income to George's wife during her life, or so long as she shall remain a widow, and after her death or future marriage, to pay the income to all of George's heirs in equal shares per stirpes, and upon the final ending of the term of said trust, as aforesaid, to divide the trust estate among the persons entitled to the same at that time under the Law per stirpes. There are currently fifty-three income beneficiaries, twelve of whom are George's grandchildren, who were living at the time of George's death. All of George's eleven children had survived George and his wife, who died in 1934. Following the wife's death, the income from the trust estate was divided into eleven equal shares and distributed to the George children. A 1957 case determined that heirs were determined at the time of death and hence George’s heirs at the time of the wife’s death were the 11 children. In 1991, P petitioned for a determination of the termination date. Twelve of George’s 53 living heirs were living at the time of George’s death, all of them were George’s grandchildren. A guardian ad litem was appointed for any unknown or unborn beneficiaries. The circuit court determined the trust would terminate 21 years after the death of the last of George's eleven children. The last one died in 1986, and thus termination would occur in 2007. D appealed, contending that the trust would terminate after the death of the last of the twelve grandchildren who were living at the time of George’s death.