Chavin v. PNC Bank

Florence Chavin had two sons, Favel and Leslie. Favel predeceased Florence and was survived by two sons, Kenneth and Jeffrey Chavin (plaintiffs). After Favel died, Florence amended her revocable trust to say that upon her death, the trustee, PNC Bank (PNC) (defendant), was to distribute the trust property to Leslie if he was then living. If he was not then living, the trustee was to distribute the property in equal shares to Florence’s living descendants. Florence also executed a will that made small gifts to 10 people, including a $1,000 gift to her late husband’s great nephew, Harlan Miller (defendant). The will then divided Florence’s remaining property approximately evenly between Leslie and her two grandchildren. Florence died on May 7, 1999. Leslie was living at that time but died on August 21, 1999, before PNC had distributed the trust’s assets. Leslie’s will named Harlan as his sole beneficiary. Kenneth and Jeffrey sued PNC and Harlan, arguing that the “then living” language in the trust meant that Leslie needed to be living at the time the trust’s assets were distributed, or else the assets should pass to Kenneth and Jeffrey as Florence’s living descendants. PNC and Harlan argued that the “then living” language meant that Leslie needed to be living at Florence’s death and, consequently, the trust’s assets were part of Leslie’s estate and should pass to Harlan. The trial court held in PNC and Harlan’s favor. Kenneth and Jeffrey appealed.