Estate Litigation Tidbits Summer 2003

By: Gary E. Bashian & James G. Yastion

 

IN A CONSTRUCTION PROCEEDING, THE

COURT WILL GO ONLY SO FAR IN

INFERRING THE CREATION OF A TRUST

 

The petitioner in this proceeding sought a construction of the decedent’s Will as creating a trust for her benefit.  Estate of Louis Arancia, NYLJ, April 9, 2003, p. 24 (Surr. Ct. Kings Co.).  Her petition was denied.

 

The petitioner was the executrix of the decedent’s Will and his surviving spouse.  She claimed that paragraph THIRD of the Will created a trust for her benefit.  She cited paragraph THIRD which gave the decedent’s securities to the petitioner for her life and the remainder to their daughter, and further provided that the assets would be held “in trust during [the petitioner’s] lifetime.”