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Wills, Trusts & Estates Keyed to Gallanis
In re Gustafson
Citation:
547 N.E.2d 1152 (N.Y. 1989)Facts
Testator executed his will in 1955 and it was admitted to probate in 1959. At issue is clause (c) of paragraph FIFTH, which bequeaths part of the residuary trust to the “surviving child or children” of testator’s brother Leonard, who predeceased the trust’s life tenant, testator’s widow, Elsie. A “surviving child” of Leonard, Jacqueline, is respondent before us and claims entitlement to the whole of that residuary portion. Carl V.E. Gustafson was 59 years old, married and childless when he died in 1959. He disposed of virtually his entire estate through two trusts of equal size with an integrated, complementary residuary plan. This case revolves around the trust created in paragraph FIFTH of the will, in which Elsie, testator’s widow, held a life estate.
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