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Keywords

trustdeclaratory judgment
probatetrustdeclaratory judgment

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Powers v. Wilkinson, 399 Mass. 650, 506 N.E.2d 842, 55 USLW 2637

Facts

The donor established an inter vivos trust in 1959, which provided for income distribution to her children and their 'issue.' After the donor's death, a nonmarital child was born to the donor's granddaughter, who had never been legitimized. The trustee sought a declaratory judgment to include this child as 'issue' for trust purposes, while a guardian ad litem opposed this claim. The court reviewed the trust's language and the historical context of the term 'issue' as it applied to nonmarital descendants.

The trustee of an inter vivos trust brought this action in the Probate and Family Court Department for Suffolk County, seeking a declaratory judgment that a child born out of wedlock to the donor's granddaughter is 'issue' of the donor's children for purposes of the trust. The nonmarital child remains illegitimate because her paternity has never been acknowledged and her parents have never intermarried.

Issue

Does the term 'issue' in the trust include a child born out of wedlock, and does the exclusion of nonmarital descendants violate equal protection rights?

Does the term 'issue' in the trust include a child born out of wedlock, and does the exclusion of nonmarital descendants violate equal protection rights?

Rule

Under Massachusetts law at the time the trust was created, the term 'issue' was presumed to exclude nonmarital descendants unless there was clear evidence of the donor's intent to include them.

Under Massachusetts law at the time the trust was created, the term 'issue' was presumed to exclude nonmarital descendants unless there was clear evidence of the donor's intent to include them.

Analysis

The court analyzed the trust's language and the historical context of the term 'issue,' concluding that the donor's intent could not be discerned to include nonmarital descendants. The court also addressed the equal protection argument, stating that the application of the rule did not constitute state action and therefore did not violate constitutional rights. The court emphasized that the traditional rule of construction was well-established and had not been challenged effectively in the past.

The court analyzed the trust's language and the historical context of the term 'issue,' concluding that the donor's intent could not be discerned to include nonmarital descendants. The court also addressed the equal protection argument, stating that the application of the rule did not constitute state action and therefore did not violate constitutional rights. The court emphasized that the traditional rule of construction was well-established and had not been challenged effectively in the past.

Conclusion

The court ruled that the unexplained term 'issue' in the trust is presumed to encompass only lawful lineal descendants of the donor, and this presumption would apply prospectively only.

The court ruled that the unexplained term 'issue' in the trust is presumed to encompass only lawful lineal descendants of the donor, and this presumption would apply prospectively only.

Who won?

The trustee prevailed in establishing the legal framework for interpreting 'issue,' but the court's decision ultimately did not grant the nonmarital child the status of 'issue' under the trust.

The trustee prevailed in establishing the legal framework for interpreting 'issue,' but the court's decision ultimately did not grant the nonmarital child the status of 'issue' under the trust.

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