Lux v. Lux
288 A.2d 701, 1972 R.I. LEXIS 1222, 109 R.I. 592 (1972)
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Rule of Law:
A testamentary trust may be created without the explicit use of the words 'trust' or 'trustee' if the testator's intent to create one is clear from the language of the will, which imposes duties of management and maintenance on property for the benefit of beneficiaries. For a class gift distributable when the 'youngest' member reaches a certain age, the class closes and distribution occurs when the youngest living member at that time reaches the specified age, rather than waiting for the possibility of more members to be born.
Facts:
- On May 9, 1966, Philomena Lux executed a will.
- The will stated that if her husband predeceased her, her residuary estate would go to her 'grandchildren, share and share alike.'
- The will further directed that any real estate in the residue 'shall be maintained for the benefit of said grandchildren and shall not be sold until the youngest of said grandchildren has reached twenty-one years of age.'
- A subsequent clause expressed Philomena's 'desire' that if a sale was necessary, the real estate be sold to a family member.
- Philomena Lux's husband died before she did. She passed away on August 15, 1968.
- Philomena was survived by one son, Anthony John Lux, Jr., and his five children (her grandchildren), whose ages ranged from two to eight.
- One of the grandchildren was born after the will was signed but before Philomena's death.
- Anthony Jr. stated that he and his wife planned to have more children.
Procedural Posture:
- A lawsuit was initiated in the Superior Court seeking a construction of and instructions regarding Philomena Lux's will.
- The Superior Court conducted an evidentiary hearing.
- Following the hearing, the Superior Court certified the case to the Supreme Court of Rhode Island for its determination.
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Issue:
Does a will that devises real estate to grandchildren 'share and share alike' but also requires that the property 'be maintained for the benefit of said grandchildren' and 'not be sold until the youngest of said grandchildren has reached twenty-one years of age' create a trust for the grandchildren's benefit?
Opinions:
Majority - Kelleher, J.
Yes, the will creates a trust for the benefit of the grandchildren. A testamentary trust can be established without specific trust language if the testator's intent is clear. The court's primary duty is to ascertain and effectuate the testator's intent as expressed in the will and surrounding circumstances. Here, Philomena Lux's directions that the real estate 'shall be maintained' for the grandchildren's benefit and 'shall not be sold' until the youngest is 21 are strong indicators of an intent to have the property managed by someone for a considerable time. These duties are characteristic of a trustee, distinguishing the gift from a fee simple transfer. The gift to the 'grandchildren' is a class gift that remains open to include children born after the testatrix's death. Applying the 'rule of convenience,' the class will close and the trust will terminate for distribution at any time when the youngest then-living grandchild attains the age of twenty-one. Finally, the language expressing a 'desire' to sell the property to a family member is deemed precatory and does not create a legally binding obligation.
Analysis:
This decision exemplifies the judicial principle of effectuating the testator's intent, even in cases of 'artless' or imprecise will drafting. It affirms that a trust can be implied from the duties imposed upon the property, reinforcing that substance over form governs will construction. The court's adoption of the 'rule of convenience' for closing the class provides a pragmatic and influential precedent for future cases involving gifts to classes that could otherwise remain open indefinitely. This balances the testator's presumed intent to include all class members with the public policy favoring timely distribution and alienability of property.
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