Supreme Court of Connecticut
Schwerin v. Ratcliffe
March 30, 2020335 Conn. 300
Summary
The court held that two family trusts directing distribution to the grantor’s issue then living, per stirpes, require the principal to be divided initially by reference to the grantors’ children, not the grandchildren or the descendants living when the trusts terminate. The phrase "then living" establishes which descendants may receive distributions but does not change the per stirpes method or the location of the stirpital roots. The court therefore affirmed summary judgment and the declaratory judgment favoring distribution through the three children of Harvey Hubbell III.