Lux v. Lux
Supreme Court of Rhode Island
288 A.2d 701 (1972)
Philomena Lux’s will provided that in the event her husband predeceased her, she would “give, devise and bequeath [her residuary estate] to my grandchildren, share and share alike.” The will further provided, “Any real estate included in said residue shall be maintained for the benefit of said grandchildren and shall not be sold until the youngest of said grandchildren has reached twenty-one years of age.” Additionally, the will provided that if Philomena’s real property had to be sold to pay debts or administrative expenses, to distribute the estate or for other reasons, it was her “express desire” that it be sold to a family member. When Philomena died, her husband had predeceased her and she was survived by one son, Anthony John Lux, and his five minor children. An action was commenced to have the court construe the terms of Philomena’s will, and at a hearing in the trial court, Anthony stated that he and his wife planned to have more children. On appeal to the Rhode Island Supreme Court, the court addressed whether Philomena’s gift to her grandchildren was absolute or in trust, and if in trust, which of the grandchildren would be considered the “youngest” for purposes of determining when to close the class of beneficiaries and distribute the trust assets.
Rule of Law
Holding and Reasoning (Kelleher, J.)
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