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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.