Dewire v. Haveles
Supreme Judicial Court of Massachusetts
534 N.E.2d 782 (1989)
Relevant factsFree
Thomas Sr.'s testamentary trust paid income to his grandchildren equally until termination 21 years after the last grandchild's death, then distributed principal to the grandchildren's descendants, but the will never expressly addressed what happens to a deceased grandchild's income share while other grandchildren remained alive; when grandchild Thomas III died leaving daughter Jennifer, she sought her father's one-sixth share of ongoing trust income rather than having it redistributed among the surviving grandchildren.
IssueFree
Whether the general rule that the beneficiaries of a class gift are joint tenants with right of survivorship applies where there is a contrary intent in the will.