First National Bank Of Bar Harbor v. Anthony

557 A.2d 957 (1989)

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Nature of the Case

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Facts

Settlor established a revocable inter vivos trust, the income from which was to be paid to his wife for life, should she survive him. Upon both his and his wife's death, the trust corpus was to be divided among settlor's three children, John, Peter, and Dencie. Settlor's wife predeceased him, as did his son John. Settlor's will left two-thirds of his estate to Peter, and one-third to Dencie. John's heirs were expressly omitted from the will. The trustee (P) filed an action to construe the trust. John's children (D) moved for summary judgment, arguing that John's interest in the trust was vested, and they were therefore entitled to his share of the trust corpus.