In re Albert G. Aaron Living Trust

At issue was to which of the decedent’s wives applied the provision of a trust agreement providing that a charitable foundation would be created unless the decedent was survived by his wife, in which case the foundation would not come into existence. After the decedent created the trust, his first wife died. The decedent remarried before he died. The Court of Appeals held (1) the decedent expressed a reasonably clear intention that the phrase “my wife,” as used in the contested provision, referred to his first wife rather than his second wife; and (2) therefore, the distribution to the foundation did not lapse, and the circuit court correctly accepted the trustees’ proposed restatement of the trust with respect to that issue. View "In re Albert G. Aaron Living Trust" on Justia Law