Gowthorpe v. Goodwin

This is an action for the interpretation or construction1 of a testamentary residuary trust created by the Last Will and Testament of Walter S. Butterfield. The question in this case is whether the word "issue”, used by the testator to define the class of income beneficiaries under the trust, refers to all lineal descendants, which would include great-grandchildren, or whether it is limited solely to grandchildren, i.e., the testator’s children’s children. The trial court and the Court of Appeals found the class of income beneficiaries limited to grandchildren of the testator.

We reverse and…