In Re the Trust Estate Created Under Deed of Trust by Lopez

DISSENTING OPINION OF

LUM, J.

The majority concludes that the term “children” as used in the trust instrument refers to issue of only the first generation, that income shall be distributed per stirpes to issue of the first generation, and that the corpus shall be distributed per capita among the settlor’sgrandchildren who are living upon termination of the trust. I respectfully dissent. I would affirm the decision of the lower court and hold that the settlor’s dispositive plan was to effect a per stirpital distribution of the trust income and of the corpus.

Intention of the settlor is the…