By Jessica M. Cooper, Elon University School of Law

Property may be given to an individual or to unborn or unascertained beneficiaries as a class. When a testator intentionally gives property to a group which will fluctuate in number, the gift is said to be a class. If Chickie Peep were to die today, then only the six Peeps in the class would take the nest egg under the will. If Chickie Peep died six months from now, after Purple Peep’s eggs had hatched, then the class would increase in size to include Purple Peep’s five baby peeps, and so eleven Peeps would take the nest egg under the will.