First National Bank of Bar Harbor v. Anthony
Maine Supreme Judicial Court
557 A.2d 957 (1989)
Franklin Anthony created a revocable trust paying income to himself for life, then to his wife Ethel if she survived him, with the remaining corpus to be split among his children John, Peter, and Dencie after both he and Ethel died. Ethel predeceased Franklin, as did John, who left three children -- Deborah, Christopher, and Paul (plaintiffs). Franklin's will left his estate only to his two surviving children, Peter and Dencie (defendants), excluding John's children. John's children sued for a one-third share of the trust, which the trial court denied, holding John's interest lapsed because he died before the point the court found his interest would have vested, and that the antilapse statute didn't apply to revocable trusts. John's children appealed.
Whether the interest of a remainder beneficiary who predeceases the life tenants of a revocable trust passes to the remainder beneficiary's estate when the trust does not expressly require the beneficiary to survive the life tenants.