RULE OF CONVENIENCE – the class closes when any member of the class is entitled to possession or enjoyment of his share of the class gift. This can be trumped by express provision in the will. Also, children in gestation are treated as being alive when the class is closed. With adopted children, the time of adoption, and not birth, is controlling.
1. Exception – there is never any inconvenience attached to income, only applies to principle.
2. Rationale – allows distribution in a timely and ascertainable manner.
3. Limitation – “The fact that a class is closed does not mean that all members of the class will share. No one can come in, but present class members can drop out by failing to meet some condition precedent.”
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