Matter of Erbsloh’s Trust
New York Supreme Court
99 N.Y.S.2d 695 (1950)
- Written by Jamie Milne, JD
Facts
Rudolph Erbsloh and Fanny Erbsloh created two separate trusts for their daughters Olga Erbsloh and Ruth Gulden. The trusts had similar terms. Each trust named the respective daughter as the life beneficiary and stated that upon the life beneficiary’s death, the trust was to terminate, with the principal being paid to that beneficiary’s surviving issue, meaning biological descendants. If the beneficiary died without any surviving issue, then the principal was to be divided between Rudolph and Fanny’s other daughters. If no daughters or their children were living at the trust’s termination, then the principal was to be paid to Fanny’s next of kin. When Fanny died, the life beneficiaries were still living, and the trusts were therefore still in existence. However, a question arose as to whether Fanny’s next of kin for purposes of the trusts’ remainder interests should be determined as of the date of her death or delayed until the date of each trust’s termination. The New York Supreme Court, a trial court, considered the matter.
Rule of Law
Issue
Holding and Reasoning (Hecht, J.)
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