Sears v. Coolidg

108 N.E.2d 563 (1952)

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Nature of the Case

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Facts

Provisions in a trust agreement provided that the trust was to be distributed in equal shares among his issue then living. Distribution was to take place upon whichever should happen first, the death of the last survivor of those of his children, grandchildren, and great-grandchildren that should be living at his death, or the attainment of 50 years by the youngest surviving grandchild of his who shall be living at his death. The second event happened first. Appellants contend that the settlor reserved a power which is the same as a special power of appointment and that the validity of the remainders must be determined in the light of the facts existing at his death when it was known that only his grandchildren had been lives in being at the time the trust was created. This is known as the second look doctrine.