Security Trust Co. v. Irvine
33 Del. Ch. 375, 93 A.2d 528 (1953)
Wilson died leaving a will
that gave the income generated by a trust held by Security Trust to his
two sisters, Martha and Mary, and possibly Margaret, 'if she should be
left a widow.'
Wilson also had two
brothers, but they didn't get any trust income like his sisters were
given.
The will further stated that
upon the deaths of both Martha and Mary, the trust was to be divvied up
between all five siblings, with the share of any predeceased siblings
going to that sibling's children.
Wilson and four of his
siblings died, leaving Mary the only survivor. Then she died, triggering
the sale of the trust and the divving up of trust assets.
There was some controversy
over how to interpret Wilson's trust.
Margaret's heir (Irvine)
argued that Martha and Mary only
got life estates, and that the residuary estate was only to be divvied up
between the other siblings.
Martha and Mary's heirs
disagreed.
The Delaware Chancery Court
was called in to determine two issues:
First, did the residuary
estate left to the siblings vest at the date of Wilson's death or at the
death of the last life tenant (aka Mary).
The Chancery Court found
that the siblings' interests vested at the time of Wilson's death, even
though none of them would get possession of their share until Mary and
Martha died.
Second, if the residuary
estate did vest upon Wilson's death, do the life tenants take as members
of the class of siblings receiving
the residuary estate?
The Chancery Court found
that Martha and Mary were members of the class and were entitled to
inherit a share of the residuary estate.
Finally, since Martha, Mary,
and Margaret had no children, do their shares of the residuary estate lapse as mandated by Wilson's will, or do their
shares go to the heirs they designated in their wills?
Wilson's trust specifically
said that the shares should go to his siblings' children. It said
nothing about them going to other beneficiaries of the siblings' wills.
The Chancery Court found
that if a sibling dies with no children, then their share of the
residuary estate goes to whomever they bequeath it to in their wills.
The bequest in Wilson's
will should be considered to be vested subject to defeasement. If
certain conditions are met (having kids and dying before Martha and
Mary), then that sibling's share is divested and given to the children.
If that condition is not met (because there are no kids), then the
sibling's share is part of their estate free and clear with no
restrictions on who they can bequeath it to.
One big difference between vesting and anti-lapse is that if a bequest is vested it goes to the estate of the heir. If a
bequest falls under anti-lapse,
then it goes to the children of the heir, it does not transfer through the
heir's estate.