Lux v. Lux
Supreme Court of Rhode Island
288 A.2d 701 (1972)
Relevant factsFree
Philomena's will left her residuary estate in trust for her grandchildren, with the real estate held until "the youngest of said grandchildren" turned 21; at her death she was survived by one son, Anthony, and his five minor children, though at a hearing Anthony testified he and his wife planned to have more children, raising the question of when the beneficiary class should close and the trust assets be distributed.
IssueFree
Whether, where a testator directs that trust property be distributed to the children of a living person when the youngest of those children has attained a stated age, the class must remain open until the class is no longer capable of increasing in size.