Roy and Icie Johnson established two revocable inter vivos trusts in 1966. The trusts provided… 1 answer below »

Roy and Icie Johnson established two revocable inter vivos trusts in 1966. The trusts provided that upon Roy’s and Icie’s deaths, income from the trusts was to be paid in equal shares to their two sons, James and Robert, for life. Upon the death of the survivor of the sons, the trust was to be “divided equally between all of my grandchildren, per stirpes.” James had two daughters, Barbara and Elizabeth. Robert had four children, David, Rosalyn, Catherine, and Elizabeth. James and Robert disclaimed their interest in the trust in 1979, and a dispute arose about how the trust should be distributed to the grandchildren. The trustee filed an action seeking instructions on how the trusts should be distributed. What should the court hold?

 

 

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