In re Martin B.
Surrogate’s Court of New York County
841 N.Y.S.2d 207 (2008)
The trustees (applicants) managing seven trusts executed by Martin B. in 1969, filed an application with the Surrogate’s Court of New York County for advice and direction on distribution of trust assets to post-conceived children of Martin B.’s deceased son, James. James had sperm preserved during his lifetime with instructions for it to be used by his wife, Nancy, at her discretion in the event of his death. James died on July 9, 2001 and Nancy gave birth to two sons, James Mitchell and Warren, 3 and 5 years later, respectively. Both children were conceived with James’ sperm. All of the remaining sperm have since been destroyed. Martin B. died on July 13, 2001, and his trusts give the trustees discretion to distribute some of the trust assets to the “issue” and “descendants” of Martin B during the lifetime of his widow, Abigail. The trustees now seek the assistance of the court in determining whether James Mitchell and Warren, as post-conceived children, qualify as “issue” and “descendants” entitled to receive distributions of trust assets.
Rule of Law
Holding and Reasoning (Roth, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 168,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.