FUTURE INTERESTS-WORTHIER TITLE DOCTRINE

Plaintiff created an irrevocable trust of $75,000, reserving the income to himself for life and directing distribution of the corpus upon his death to his heirs according to the California laws of succession in existence at his death. Later he sued to terminate the trust on the theory that since the worthier title doctrine prevented creation of a remainder in his heirs, he was sole beneficiary. The intermediate California appellate court held that the worthier title doctrine was inapplicable because of a California statute changing the word heirs from one of limitation to one of purchase. Therefore, the outstanding remainder in the heirs prevented termination of the trust. On appeal to the California Supreme Court, held, reversed. As a matter of construction, when the settlor created a life estate in himself with a limitation to his heirs he did not intend to create an interest in his heirs. Bixby v. California Trust Co., (Cal. 1949) 202 P. (2d) 1018