"Trust Agreement" Paragraph 3! What does this say?

Question

This trust shall be revocable at any time by Jones during his lifetime by the execution and recording of a Revocation of Trust so providing, but in the event he does not do so then upon his death said real property shall be sold by smith and the net proceeds thereof shall be distributed by right of representation to the issue of Jones including George Lee Jackson or his issue the same as if he were the natural child of Jones.

The courts say the paragraph states that ! It being the intent of Jones that the issue of George Lee Jackson would recieve part of such proceeds only in the event that George Lee Jackson did not survive Jones and George Lee Jackson did so survive Jones

The names of the beneficiaries of the trust to whom such proceeds shall be distributed by petitioner cannot be determined by the trust instrument and therefore petitioner requests that this court make its order instructing petitioner to sell the trust property and determining and instructing her to whom to distribute the sales proceeds thereof.

Answer 1

Jones has a trust.
At anytime he can cancel it by recording a Revocation of Trust

If it's still active at his death the property will be sold and divided amongst his children including George.

Smith is the executor.

I'm not a lawyer but that's the way I read it.

Answer 2

Break it down.

"The trust shall be revocable"... means what it says. The grantor can revoke the trust. "by the execution and recording" of a specific document ... that's the process for revocation.

"during his lifetime"... "but if he does not do so, then on his death" -- the power of revocation only lasts while Jones is alive.

"upon his death ... real property shall be sold" ... again, like it says.

"distributed by right of representation"... this is a term of art meaning that his children take an equal share, and if any child is dead, that child's children split that share. So, three kids would each take 1/3. If one of the kids is dead, that kid's children would split his 1/3 evenly, but the other kids still get 1/3 each.

"to the issue of Jones" = Jones' kids, with George named to be sure that everyone knows he counts as one of Jones' kids.

So, the "distribute to heirs" clause only comes into effect upon Jones' death, if Jones does not revoke the trust first.

The trick to analyze any complex legal terminology is to break it down into parts, and anylyze each part.

{EDIT} If the trust document does not name any beneficiaries, then the court could possibly declare it as improperly formed and thus invalid. In which case, all of the property placed into the trust would never have been transferred and thus remains owned by Jones.

If the trust fails, then Jones' property is dispersed according to the terms of Jones' will, or by intestate succession. If the trust is valid, it remains in effect until Jones dies, and then the real property in the trust would be distributed by the above terms.

Answer 3

It means that Jones can revoke the trust during his lifetime, but if he passes without revoking the trust, Smith must sell whatever property is in the trust and distribute the proceeds to Jones' children, including George Lee Jackson or his children if he is deceased.