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 initial division to occur at the children's generation, not at the grandchildren's generation or at the highest generation with living descendants when the trusts terminate. The phrase "then living" identifies beneficiaries who must survive termination but does not change the per stirpes method of distribution. The court therefore affirmed summary judgment declaring that the trust principal would be divided into three shares based on the grantor's three children, with descendants taking by representation.