O'DONOGHUE v. DOOLEY

¶ 1 The primary issue on appeal is whether the per stirpes gift of any remaining Trust principal left to two of Settlor’s grandchildren, who have died without lineal descendants, may ultimately be distributed to the widow of one of the grandchildren. We hold that the Trust principal remainder interest was intended for lineal descendants of the two grandchildren, and not to the grandchild’s widow.

BACKGROUND

¶ 2 David L. Dooley (the Settlor) created the David L. Dooley Trust (Trust) on September 12, 2003, appointing himself as the initial trustee for his own benefit. The Settlor also established…