In re Evans' Estate

The decedent's will left a trust for his grandchildren providing that each grandchild would receive his or her share upon turning thirty; he had six living grandchildren at his death, but three more were born before the oldest reached thirty. The trustee (plaintiff) sought construction of the will, and the trial court held the six grandchildren living at death had vested interests but that the class remained open to admit each newly born grandchild until the entire trust was fully distributed; the trustee appealed.