Strout v. Little River Bank & Trust Co.
Supreme Judicial Court of Maine · 1953-08-29
This case involves the construction of a will that placed the testatrix's estate in trust for her son Harold F. Whidden during his lifetime, with the trustee having discretion to use principal for his support, and the remainder to go to the testatrix's "legal heirs" upon his death. The court decided that the accrued income at Harold's death should be paid to his estate's administrator, while the principal remainder should be distributed to the testatrix's heirs determined at the time of Harold's death, excluding Harold himself. The core reasoning was that the testatrix's intention, inferred from the will's language distinguishing between "son" and "legal heirs" and the surrounding circumstances showing care to prevent the son from controlling the estate, was for the remainder to vest contingently in her other heirs at Harold's death rather than immediately vesting in him.