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Keywords

defendantappealprobatetrustwillsustained

plaintiffdefendantprobatetrustwillsustained

Related Cases

Fidelity Title & Trust Co. v. Clyde, 143 Conn. 247, 121 A.2d 625

Facts

Theodore Schroeder died on February 10, 1953, leaving a handwritten will that was admitted to probate. The will specified that any remaining property after debts were paid should be given to Ethel Clyde and Leslie Kuhn for the purpose of publishing his writings. However, the will did not designate any beneficiaries for the trust, which led to the legal dispute. The defendants, Clyde and Kuhn, appealed after the court ruled that the funds were to be distributed to Schroeder's heirs.

The will was admitted to probate on March 3, 1953, and the plaintiff qualified as executor. All debts of the estate and the administration expenses have been paid, and there is now on hand for distribution the sum of $36,412.03.

Issue

The main legal issues were whether the provisions of the will constituted an absolute gift to Clyde and Kuhn and whether a valid trust was created.

The questions which the plaintiff submitted to the court were the following: ‘(a) Do the provisions of said will constitute an absolute devise and bequest of the decedent's residuary estate to Ethel Clyde and Leslie Kuhn? ‘(b) Do the provisions of said will create a valid trust?

Rule

A private trust must have ascertainable beneficiaries to be valid, and a trust cannot be upheld if its purpose is contrary to public policy.

If it is a private trust, its validity cannot be sustained, because he neglected to designate beneficiaries who would be definitely ascertainable either at the time of his death or within the period of the rule against perpetuities.

Analysis

The court analyzed the language of the will and determined that it did not create an absolute gift to Clyde and Kuhn, but rather imposed a duty on them to use the funds for a specific purpose, which indicated the creation of a trust. However, since the will failed to designate beneficiaries, the trust could not be sustained as a valid private trust. Furthermore, the court found that the purpose of the trust was contrary to public policy due to the nature of the writings involved.

In the light of these principles it is obvious that the defendants Kuhn and Clyde were not to receive an absolute gift.

Conclusion

The court concluded that the trust established by the will was invalid and that the funds should be distributed to the heirs at law of the testator, as the trust could not be sustained.

The answers given by the court were correct.

Who won?

The prevailing party was the estate's heirs at law, as the court ruled that the trust was invalid and the funds were to be distributed to them.

The court was correct in holding that the bequest to the defendants Kuhn and Clyde was not an absolute gift.

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Dyer v. Eckols, 808 S.W.2d 531

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Bailey v. Bailey, 392 So.2d 49

In re Estate of Heard, 79 A.D.3d 74, 911 N.Y.S.2d 534, 2010 N.Y. Slip Op. 08146

Shrader v. Equitable Life Assur. Soc. of U.S., 20 Ohio St.3d 41, 485 N.E.2d 1031, 20 O.B.R. 343