FUTURE INTERESTS - CLASS GIFT - DISTRIBUTION WHERE FUND IS INSUFFICIENT TO GIVE SPECIFIED SUM TO EACH INTENDED MEMBER - CLOSING OF CLASS

To each grandnephew and grandniece, "now living or hereafter born during the continuance of this trust" (which was not to last longer than "twenty years after the death of the survivor" of testator's nephews and nieces), there was to be paid from a trust of the residue of the estate $2,000 "as each shall arrive at the age of twenty-five," "as his or her absolute property." At testator's death thirteen nephews and nieces, ranging from nineteen to fifty-five years of age, and nineteen grandnephews and grandnieces, from two months to thirty-two years, were living. Four of the latter group, who had reached twenty-five, insisted on their shares from the fund, which, contrary to testator's expectations, amounted to only $21,000. In a suit for a declaratory judgment, held, that each grandnephew and grandniece, upon attaining twenty-five, is entitled thereupon to payment of $2,000 so long as the fund lasts. Radintz v. Northwestern Nat.

Bank & Trust Co. of Minneapolis, (Minn. 1940) 289 N. W. 777.