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First National Bank of Bar Harbor v. Anthony

Maine Supreme Judicial Court
557 A.2d 957 (1989)


Franklin Anthony created a revocable inter vivos trust that paid the income to him for life, and then to his wife, Ethel, if she survived him. After Franklin and Ethel died, the trust corpus was to be distributed in equal shares to his children, John, Peter and Dencie. Ethel predeceased Frankin, as did John, who left three children, Deborah, Christopher and Paul (plaintiffs). Franklin’s will devised his entire estate to his two surviving children, Peter and Dencie, and excluded John’s children. Deborah, Christopher and Paul brought an action claiming that they were entitled to John’s share of the inter vivos trust and Peter and Dencie opposed the petition. The trial court held that John’s gift lapsed because he did not survive until Ethel and Franklin had both died, which is when the court determined John’s interest in the trust would have vested, and because the antilapse statute was not applicable to revocable trusts. Deborah, Christopher and Paul appealed to the Maine Supreme Judicial Court.

Rule of Law


Holding and Reasoning (McKusick, C.J.)

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