Linkous v. Candler

As part of their divorce settlement, Howard and Ruth Candler created an irrevocable trust granting Ruth a life estate, with income to be distributed evenly among their living children after her death, and upon the death of the last surviving child, income distributed evenly among Howard and Ruth's then-living grandchildren. After both Howard and Ruth died, their three surviving children (plaintiffs) renounced their trust interests and petitioned for judicial construction, naming the trustee and 13 grandchildren, plus any unrepresented descendants, as defendants; the court appointed William Linkous (defendant) as guardian ad litem for the unrepresented descendants. The superior court found the children's renunciation accelerated the 13 grandchildren's remainder interests and ordered immediate distribution to them; Linkous appealed.