Mahon v. Security First National Bank

Two issues are raised by this appeal:

1. Did the settlor, Edward R. Bowler, intend that the principal and undistributed income of the trust be distributed to the children of his three daughter-beneficiaries by right of representation — per stirpes, or equally —per capita?

2. Did the trial court err in not allowing testimony by the professor of English regarding the meaning of certain words used in the trust instument?

1. Per capita v. per stirpes. The trial court aptly described the per capita/per stirpes controversy as one of the “hoariest” to confront the law. Indeed, Judge Story’s comments in…