In re the Estate Bowen

Summary

The court construed a will provision directing the remainder of a testamentary trust to the heirs and next of kin by representation of two primary remaindermen who predeceased the life beneficiary. Applying constructional preferences concerning survivorship and considering extrinsic evidence, the court held that only heirs and next of kin who survived the life beneficiary were entitled to the remainder.

Holdings

1. The will requires the heirs and next of kin of Marian Mathewson and George Holt to survive Pauline H. Bowen Essaye in order to take the remainder.
2. The relevant heirs and next of kin are those who survived Pauline H. Bowen Essaye, the life beneficiary, rather than persons determined as of the earlier deaths of Marian Mathewson and George Holt.
3. The court approved the stipulation providing for distribution to adoptive children and stated that such inclusion would have been required by law even without the stipulation.

Questions Presented

1. Whether the heirs and next of kin designated as substitutional remaindermen had to survive the life beneficiary in order to receive the remainder.
2. Whether the relevant class of heirs and next of kin was to be determined as of the deaths of the primary remaindermen or as of the life beneficiary's death.
3. Whether adoptive children could participate in the distribution class.

Disposition

other