I would be grateful for any thoughts on the interpretation of the following clause in the will of X:
“I GIVE DEVISE AND BEQUEATH all my property both real and personal unto my Trustees UPON TRUST for my son Y for his life and from and after his death to his wife Z for her life or until she remarries and from and after her death or remarriage to my grandchildren in equal shares absolutely.”
The situation is as follows:
- When X died, they had three grandchildren. No further grandchildren were born after her death.
- Y then passed away, followed by Z, who never remarried.
- Before the death of Z, one of the three grandchildren died, leaving only two grandchildren alive at the date of Z’s death.
Would you interpret the clause to mean that the trust is divided between just the two grandchildren alive at the date of Z’s death, or is it divided between all the grandchildren alive at the date of X’s death, so that a third would be due to the deceased grandchild’s estate?