SPCA Wildlife Care Center v. Abraham

Mary Ericson, decedent, established a testamentary trust under which her close friend, Emma Brown, would receive lifetime income distributions. The trust’s residuary clause directed that all trust assets be distributed to the International Wildlife Society (IWS) after Brown’s death. However, IWS did not exist. George Abraham (defendant), a trustee of Ericson’s trust, petitioned for a determination of beneficiaries, arguing that a similar animal charity should receive the bequest intended for IWS. In support of the trustee’s position, Brown testified that Ericson had intended to benefit an animal charity. Peter Friedrich, Ericson’s estate attorney, testified that Ericson’s will was a quickly prepared deathbed will and that she had intended to benefit an animal charity. Although Friedrich discovered that IWS did not exist after Ericson’s will was executed, Ericson died before her will could be amended. Several charities were notified of the trustee’s petition and were allowed to apply to be the trust’s alternative beneficiary. The SPCA Wildlife Care Center (SPCA) (plaintiff) responded, arguing the cy pres doctrine should be applied to distribute the trust assets to the SPCA. The trial court held, sua sponte, that the testamentary trust’s residuary clause was invalid and that the trust’s assets should therefore pass via intestacy. SPCA appealed, arguing that the trial court erred by invalidating the residuary clause sua sponte.