Sorrels v. McNally

John Flinn Sr., decedent, executed a will containing a testamentary trust pursuant to which his wife, Zeolide Flinn, and his son, John Flinn Jr., would receive lifetime beneficial interests. John Sr.’s grandson, Charles Flinn, would receive the testamentary trust’s corpus after reaching age 30 and would receive regular income payments in the interim. The corpus of the testamentary trust was John Sr.’s entire estate. Charles, who was 10 years old when John Sr. executed his will, was living with and being raised by Zeolide. Walter McNally (defendant) was named executor and trustee. After John Sr. died, Zeolide renounced her bequest under the testamentary trust and instead elected to take a child’s part for raising Charles, amounting to one-half of John Sr.’s estate. John Jr. and Charles both predeceased Zeolide before Charles’s 30th birthday. Charles’s only intestate heir was his mother, Ruth Sorrels (plaintiff). The will did not make any provisions for Charles predeceasing Zeolide. McNally petitioned the court to determine the distribution of the estate following Charles’s death. Because John Jr. predeceased Charles and Zeolide had renounced her bequest, Charles was the only remaining beneficiary at the time of Charles’s death. Sorrels argued she should inherit John Sr.’s estate as Charles’s heir because Charles’s interest had vested upon John Sr.’s death. McNally challenged, arguing that Charles’s interest never vested because it was contingent upon him surviving to age 30 and that Charles’s failed bequest should revert into a resulting trust in favor of John Sr.’s estate and pass to Zeolide as John Sr.’s next-of-kin. The trial court held that Zeolide should inherit the estate. Sorrels appealed.