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Wills Trusts & Estates keyed to Dukeminier
Sullivan v. Burkin
Facts
Sullivan executed a deed of trust where he transferred to real estate to himself as the sole trustee. The net income of the trust was payable to Sullivan during his lifetime and the trustee could pay to him all part of the principal of the estate as he might request by writing. Sullivan retained the right to revoke the trust at any time. At his death, the successor trustee was to pay the principal and any undistributed income equally to defendants, George Fr. Cronin, Sr., and Harold J. Cronin if they should survive him. The beneficiaries survived Sullivan. Sullivan executed a will in where he stated that he intentionally neglected to make any provision for his wife, appellant, Mary Sullivan, and his grandson, Mark Sullivan. He directed the residue of the trust be paid to the trustee of the invervivos trust. When Sullivan died, the appellant sought a determination by the court that the trust property should be considered a part of his estate.
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