Lux v. Lux case brief

Lux v. Lux case brief summary
288 A.2d 701 (1972)

CASE SYNOPSIS

The testator executed a will that left the residue of her estate to her grandchildren. Any real estate was to be maintained for the benefit of the grandchildren and was not to be sold until the youngest had reached 21 years of age. After proceedings before the trial court (Rhode Island), plaintiff executor and defendants, guardian, individual, and persons not in being, sought certification of the will for construction and instructions.

ARGUMENTS

• The guardian contended that the grandchildren held the real estate in fee simple. 
• The other parties took a contrary position. 

DISCUSSION

• The court held that use of the terms "shall be maintained" and "shall not be sold" was a strong indication of the testator's intent that the property was to be retained and managed by some person for a considerable time in the future for the benefit of her son's children. 
• That was a duty usually associated with a trustee. 
• Unless a contrary intention appeared in the will, or such an appointment was deemed improper or undesirable, the executor was named to the position of trustee. 
• The residuary devise to the grandchildren was a class gift that did not violate the rule against perpetuities. 
• The court invoked the rule that permitted a class to increase in size until the time for distribution. 
• The class closed when the youngest of the then-living grandchildren reached the age of 21. 
• If the will showed no intention on the part of the testator that income be accumulated, income was payable to the beneficiaries as it accrued. 
• The quantum of each share of income received by a grandchild would be reduced as each new member of the class joined his siblings.

CONCLUSION

The court directed the parties to present for approval a form of judgment, which was to be entered in the trial court.

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