The decedent died in 1973, leaving a will which provided for a residuary trust. Her daughter, was designated as the income beneficiary. Upon her daughter’s death, the trustees were directed to “divide trust fund into as many shares or parts as there shall be issue and to continue to hold each of such shares or parts in trust during the life of one of said persons.” The remainder is to be paid to the surviving descendants at the latest possible date consistent with the Rule against Perpetuities.
Initially, the executors of the Best will, who are also the trustees of the residuary trust, believed that the daughter had only a single son, appellant born in 1963. In 1976, however, they were informed that the daughter had given birth to a child out of wedlock in 1952, and that the child had been immediately placed with an agency for adoption. She confirmed that the information was accurate.