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THE TRUST PROVISION IN THE WILL WAS INVALID FOR LACK OF A BENEFICIARY; SURROGATE’S COURT’S CONSTRUCTION OF THE WILL PROPERLY EXPRESSED THE DECEDENT’S INTENT (THIRD DEPT).

The Third Department determined Surrogate’s Court properly found that the trust in the will was invalid for lack of a beneficiary and the court’s construction of the will effectuated the decedent’s intent:

There is no dispute regarding Surrogate’s Court’s determination that the trust created in article six of decedent’s will is invalid due to the lack of a beneficiary. Thus, the issue turns on whether the court’s construction of the will, after striking the trust, effectuated decedent’s intent. In addition to creating the invalid trust, the purpose of which was to manage and continue the Dawe Family genealogical research, article six of decedent’s will provides, “I am mindful of my two brothers . . . and of my other relatives, all of whom I love dearly, but I do not make any other direct testamentary disposition for any of them.”… This language is unambiguous and manifests decedent’s intent that none of his family members was to receive direct testamentary gifts … . The language at the end of article six provides that, upon the termination of the trust, “all the assets of the trust . . . shall be distributed outright, free of future trust, to [respondent], a not-for-profit library . . . which promotes and facilitates genealogical research, it being my hope that said library will then preserve (and continue) the Dawe family genealogical research I have conducted (and my said related web site).” This language is similarly unambiguous, manifesting decedent’s intent that respondent receive the residuary of his estate with the hope that decedent’s genealogical research would be continued … . Matter of Dawe, 2020 NY Slip Op 00017, Third Dept 1-2-20

 

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