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MMLU-Pro / 1254 / Walter, a widower, died in 1997 leaving …

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

Walter, a widower, died in 1997 leaving $1,000,000 to Trend Trust Company in trust to pay the income to his son, Stan, for life. Stan was married to Morgana and had two children, Andrew and Beverly. Walter's will provided in part:"The net income from this trust shall be paid to my son, Stan, for his life. Upon Stan's death, the net income is to be paid to any widow of Stan. Upon the death of Stan's widow, Trend Trust Company shall then pay the income (from said trust) to the living children of my sister, Harriet, in equal shares. "Harriet's only surviving child, Grace, was born in 2001. Both Stan and Morgana died in an airplane crash in 2009. There is no statute modifying the common law in this jurisdiction. Harriet, on behalf of Grace, brings an appropriate action against the Trend Trust Company and Walter's estate to allow the distribution of the income from said trust to be paid to Grace. Is Harriet likely to prevail in this action?

category

law

options

  1. No, because the provisions under which Grace was intended to take violate the Rule against Perpetuities.
  2. Yes, because Grace is the only surviving child of Harriet and therefore is entitled to the income from the trust.
  3. Yes, because the death of Stan and Morgana in an airplane crash in 2009 triggered the provision for the income to be paid to the living children of Harriet.
  4. Yes, because that was Walter's intent.
  5. No, because the trust was to be paid to Grace only after the death of any widow of Stan, and Morgana's death nullified this provision.
  6. Yes, because there is no statute modifying the common law in this jurisdiction that would prevent Grace from receiving the income from the trust.
  7. Yes, because all other persons who would have had any claim to the income from the trust corpus are deceased.
  8. No, because the trust explicitly states that the income is to be paid to the living children of Harriet only after the death of Stan's widow.
  9. No, because the Rule against Perpetuities prevents the trust from being held indefinitely.

src

ori_mmlu-professional_law

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Source and history

upstream_id / Original problem ID
1254
task_id
4ba5ce97-8d82-52d5-b32d-e5f1be6ce450
task_key
default--test--1254
task_revision_id
1
config / split
default / test

Official source

initial import