The Superior Court had previously held that the decedent’s revocable trust was ambiguous and had remanded the case for the consideration of extrinsic evidence of the decedent’s intent, and so reversed the Orphans’ Court when it disregarded the evidence that … Continue reading
Tag Archives: Trust interpretation
Provisions of trust documents requiring that successor trustees that may be appointed in the future must be partners of a named law firm does not require that the trustee who is appointed and accepts the appointment must remain a partner … Continue reading
When a trust has given the surviving spouse an unlimited right to withdraw principal and a later amendment gives the spouse the right to withdraw the greater of $5,000 or 5% of the trust principal, the amendment demonstrates the intention … Continue reading
An adopted child was a member of a current beneficiary’s “immediate family” and therefore eligible to receive discretionary principal distributions even though distributions of principal upon the death of the beneficiary are limited to members of the settlor’s “blood line” … Continue reading
Will provided for the residue to pass in equal shares to the two grandchildren and, if a grandchild was under the age of 25, his or her share was to be held in trust until age 25 or, if incapacitated, … Continue reading
Trust document was interpreted to give grandchildren all of the trust income following their mother’s death, even though document provided for shares of income to other persons who predeceased the mother and directed that upon the death of an income … Continue reading