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Wills, Trusts & Estates Keyed to Gallanis
In re Martin B.
Citation:
841 N.Y.S.2d 207 (Sur. Ct. 2007)Facts
The grantor, who was a life income beneficiary of the trusts, died on July 9, 2001, leaving his wife Abigail and son Lindsay, but predeceased by son James, who died of Hodgkin’s lymphoma on January 13, 2001. Before his death, James deposited a semen sample for cryopreservation, directing that it be used by his wife Nancy if he passed away. Although James had no children at his death, Nancy used the sample for in vitro fertilization, giving birth to James Mitchell on October 15, 2004, and Warren on August 14, 2006. The trust instruments allow trustees to distribute principal to the grantor’s “issue” during Abigail’s life and direct that it be distributed to the grantor’s “issue” or “descendants” upon her death. The trustees seek clarification on whether James’s children qualify as beneficiaries under these terms.
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