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 A gift of net income to the testator's grandchildren, divided equally or to be shared equally, is a class gift. See Smith v. Haynes, 202 Mass. 531, 533 (1909). The class includes all grandchildren born before or born after the testator's death. B.M.C. Durfee Trust Co. v. Taylor, 325 Mass. 201, 204 (1950). Hall v. Hall, 123 Mass. 120, 122 (1877). See Casner, Class Gifts to Others than to 'Heirs' or 'Next of Kin': Increase in the Class Membership, 51 Harv. L. Rev. 254, 260 (1937). If there is a gift over at the end of the class gift, the testator intended the class gift (for his grandchildren only) to be a gift of a life interest in the income of the trust. Rolland v. Hamilton, 314 Mass. 56, 57-59 (1943), and cases cited. The general rule is that, in the absence of a contrary intent expressed in the will or a controlling statute stating otherwise, members of a class are joint tenants with rights of survivorship. Old Colony Trust Co. v. Treadwell, 312 Mass. 214, 218 (1942). Meserve v. Haak, 191 Mass. 220, 223 (1906). See G. L. c. 191, § 22 (1986 ...

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