FUTURE INTERESTS - STATUTE ABOLISHING THE RULE IN SHELLEY'S CASE APPLIED TO THE WORTHIER TITLE DOCTRINE

Plaintiff set up an irrevocable trust of $75,000 to pay the income to himself for life, and upon his death to distribute the remainder of the trust to his heirs at law according to the laws of succession of the State of California in existence at his death. He later brought suit to terminate the trust on the theory that the worthier title doctrine prevented the creation of a remainder in his heirs at law, and that as sole beneficiary of the trust, he was entitled to termination. Held, the worthier title doctrine was inapplicable because of a statute which changed the word "heirs" from a word of limitation to a word of purchase, thereby creating a remainder in the settlor's heirs, and preventing termination of the trust. Bixby v. California Trust Co., (Cal.

App. 1948) 190 P. (2d) 321.