Farmer v. Broadhead

I respectfully dissent.

The question is whether the testator’s grandchildren, born and unborn, possess a vested interest in the estate of the deceased. In my opinion the two compelling reasons that they do not are that (1) the testator stated regarding the attached plan of trust that “ * * * I recommend it as a guide,” and such being precatory words, is not mandatory, and (2) the subjects of the supposed gifts to the grandchildren are not certain and there is no provision in the will from which it may be ascertained what is intended to be given to the grandchildren under paragraph 23 of the…