Estate of Kreuzer
New York Supreme Court, Appellate Division
243 A.D.2d 207, 674 N.Y.S.2d 505 (1998)
Facts
Christa Kreuzer’s will established a trust fund for the education of her grandchildren. The trust specified the class of beneficiaries as any children that might be born to or adopted by Kreuzer’s daughter, Michele Kreuzer-Ranken (plaintiff), before Michele’s 40th birthday. The trust was to terminate on the youngest class member’s 35th birthday, at which time the trustee was to distribute the trust’s assets among the surviving class members and terminate the trust. Michele asked the trial-level New York Supreme Court to order Kreuzer’s estate (defendant) to dissolve the trust and turn its assets over to her. The court dismissed the petition. Michele appealed to the court’s appellate division.
Rule of Law
Issue
Holding and Reasoning (Carpinello, J.)
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