Wills, Trusts & Estates keyed to Dobris
Matter of Marine Midland Bank, N.A
Carl V. E. Gustafson was married and childless when he died. He disposed of his estate through two trusts. One of the trusts named his wife Elsie as having the life estate. Upon her death the trust corpus was to be paid half to each of Gusafson’s two brothers. However, if either brother was to predecease Elsie then their share was be paid over to their surviving children. And if the brother left no surviving children then the surviving brother would take all. At the time of Elsie’s death only one of Gusafson’s brothers was still living. The other brother, Leonard, had predeceased Elsie. Leonard had a son, Daniel, however he too predeceased Elsie leaving a widow and children who sought to take a share of the trust corpus. Daniel’s widow alleges that “surviving children” was meant to include grandchildren.
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