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.)
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 170,000 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.