POSTPONED GIFTS – “If the gift is postponed in possession after a life estate, the class will not close under the rule of convenience until the time for taking possession.” (until one member of the class is entitled to the possession; to wit, on the death of the life tenant and any other condition precedent is satisfied so that someone is entitled to possession).

1.    EXCEPTION – gifts of income: if trust pays income to A for life, then income to children of B, no need to close the class at death of A because the class closes for the gift of income periodically as income is accrued.

2.    Example – testator executes will in 1975 leaving BA to my sister A for life, then to the children of B.  In 1975 B has two kids, C & D.  In 1977 B has E.  Testator dies in 1979, and in 1981 B has F.  A dies in 1983.  In 1985 B has G.  Who owns BA?

C, D, E, & F.  The class closes when the first member is entitled to  their share.  Because this is a postponed gift, when A dies.