Dezell v. Pike

Otis, Justice.

The question before us is whether, under the terms of a testamentary trust, a beneficiary described as “my daughter-in-law, Margaret Dezell,” may take if, after the death of the settlor, she is divorced from the settlor’s son. The trial court held she was not entitled to take, and we reverse.

Donald Dezell, a son of the settlor, Rosalia Dezell, was married to Margaret Dezell in 1943. In 1960, Rosalia executed a will creating a trust which required payments of $50 a month to *180Donald for life with the following provision effective upon his death:

“From and after the death of my said…