Connecticut Bank And Trust Company v. Brody

392 A.2d 445 (1978)

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Nature of the Case

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Facts

Skinner (T) executed a will in 1920 and died in 1922. T died a widower and left a large estate. The will was probated and the trust called for in the will was created. The trustee was the Phoenix State Bank. The Connecticut Bank and Trust Company is the successor trustee of that trust. The trust called for the income of one-third of the residuary estate to be paid to T's three children to share and share alike, and upon the death of the last child, the Trustee should pay the entire income of the trust to T's grandchildren share and share alike. If any child of T should die leaving issue the issue of that deceased child should take that portion of the income that would have gone to the parent if living until the last surviving child of T was deceased. Upon the death of the last surviving grandchild, the trust was to terminate, and the corpus was to be divided among the then great-grandchildren per capita. The remaining two-thirds residual was to be given to T's children to be divided between them and their heirs. T was survived by three children and five grandchildren four of whom are still living. One grandchild died and is survived by three children. Subsequent to the death of T, 12 great grandchildren were born including the three children of his one deceased grandson. A question arose as to the proper disposition of the one-fifth trust income that was being paid to Roberts, Jr. when Jr. died in 1973. The trust made no specific provisions on what to do with that share other than a final distribution to the great-grandchildren on the death of the last surviving grandchild. The issue presented to the court was whether the rule against perpetuities had been violated.