Callnon v. Winrott

This is an appeal from a portion of a judgment declaring the termination of a testamentary trust upon the death of decedent’s son, the life beneficiary, and ordering distribution of the balance of the corpus to decedent’s sister. The crucial issue confronting us is whether under the provisions of the decree of final distribution entered in the probate proceedings over 30 years ago, such remainder should go, as the trial court held, to the legal representative of decedent’s sister who predeceased decedent’s son, upon the basis that it was a vested remainder, or should go to decedent’s heirs…