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Wills, Trusts & Estates Keyed to Gallanis
Clymer v. Mayo
Citation:
473 N.E.2d 1084 (Mass. 1985)Facts
At the time of her death in November, 1981, the decedent, [Clara A. Mayo,], was employed by Boston University as a professor of psychology. She was married to James P. Mayo, Jr., from 1953 to 1978. The couple had no children. The decedent was an only child and her sole heirs at law are her parents, Joseph A. and Maria Weiss. In 1963, the decedent executed a will designating Mayo as principal beneficiary. The decedent’s trust instrument named herself and John P. Hill as trustees. As the donor, the decedent retained the right to amend or revoke the trust at any time by written instrument delivered to the trustees. Trust A, the marital deduction trust, was to be funded with an amount equal to fifty (50%) per cent of the value of the Donor’s adjusted gross estate. Mayo was the income beneficiary of Trust A. The balance of the decedent’s estate, excluding personal property passing to Mayo by will, or the entire estate if Mayo did not survive her, composed Trust B. Trust B provided for the payment of five initial specific bequests totaling $45,000. On the same day she established her trust, the decedent changed the beneficiary of her Boston University group life insurance policy from Mayo to the trustees. Mayo moved out of the marital home in 1975. In June, 1977, the decedent changed the designation of beneficiary on her Boston University life insurance policy for a second time, substituting Marianne LaFrance for the trustees.
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