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Wills Trusts & Estates keyed to Dukeminier
In re trust of Stuchell
Facts
The Petitioner sought to modify a trust in regards to one of the remainder beneficiaries because he is retarded. Without the amendment, if the disabled beneficiary survived the other two life-income beneficiaries, he would receive the remainder of funds outright. The petitioner, with the consent of all of the other income beneficiaries and remainder men, sought to modify the trust so that it would not be distributed directly to him if he survived the others, but rather continue to exist as a secondary source of funds to supplement the money he receives from pubic assistance.
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