In Re Evans' Estate

80 N.W.2d 408 (1957)

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Nature of the Case

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Facts

John died testate. The heirs at law of the deceased were: Anna Evans, his widow; Margaret Perry, Edward Evans and Alice Pope, their children, each of whom was of age. At the time of his death, the deceased had the following grandchildren: Maxine A. Perry and Barbara Perry, Children of Margaret Perry; Evan F. Evans and Thomas E. Evans, children of Edward Evans; and Keith A. Pope and Wayne E. Pope, children of Alice Pope Draper; that each of the said grandchildren was a minor, four of whom were born prior to the execution of the will, and the other two after the execution of the will and before the testator's death. John left part of the estate to his grandchildren, and when each reached 30 years, they were to receive their share. After John’s death, three more grandchildren were born before the oldest reached 30. P sought guidance on the construction of the will as to when the class closed. The court held the six living grandchildren had a vested interest, but membership in the class was subject to reopen for each newborn grandchild. The class was not permanently closing until the entire trust was distributed. P appealed.