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Keywords

appealtrialtrustwillappellant

trialtrustwillappellant

Related Cases

In re Estate of Reistino, 333 S.W.3d 767

Facts

Tony C. Reistino's will established a testamentary trust that was to terminate upon the death of his only child, Gloria Ann Reistino. The will specified that the remaining assets of the trust would be distributed to those of his nieces and nephews who were living at the time of Gloria's death. The dispute arose over whether the children of Tony's predeceased nieces and nephews were entitled to their parents' shares of the trust. The trial court ruled in favor of including these children, but the appellants contested this interpretation.

Gloria was Tony's only child. He had eight brothers and sisters who all predeceased Gloria. He had nineteen nieces and nephews, three of whom predeceased Gloria.

Issue

Did the trial court err in construing Tony C. Reistino's will to include the children of his predeceased nieces and nephews as remainder beneficiaries of the testamentary trust?

Appellants contend in their sole issue that the trial court erroneously construed the last will and testament of Gloria Ann Reistino's father Tony C. Reistino to establish a testamentary trust which included as remainder beneficiaries the children of Tony's nieces and nephews who predeceased Gloria.

Rule

In construing a will, the court must ascertain the testator's intent from the language within the will, focusing on the specific terms used and not allowing extrinsic evidence unless the terms are ambiguous.

In construing a will, our focus is on the testator's intent. San Antonio Area Found. v. Lang, 35 S.W.3d 636, 639 (Tex.2000); In re Ray Ellison Grandchildren Trust, 261 S.W.3d 111, 117 (Tex.App.-San Antonio 2008, pet. denied). This intent must be ascertained from the language found within the four corners of the will.

Analysis

The court analyzed the language of Tony's will, particularly the phrase 'my nieces and nephews,' and determined that it did not include grandnieces and grandnephews. The court emphasized that the will's clear requirement for beneficiaries to be living at the time of Gloria's death indicated that only the surviving children of Tony's siblings were entitled to the trust's assets. The court found that the trial court's interpretation violated the explicit terms of the will regarding survivorship and distribution.

Applying this rule to 'nieces and nephews' is consistent with how other states have addressed this issue.

Conclusion

The Court of Appeals reversed the trial court's judgment and rendered a decision that the sixteen surviving children of Tony's brothers and sisters are the remainder beneficiaries of the testamentary trust, each entitled to an equal share of the trust's assets.

We reverse the judgment and render judgment that the sixteen surviving children of Tony's brothers and sisters are the remainder beneficiaries of the testamentary trust created by his will.

Who won?

The appellants prevailed in the case because the court found that the trial court had misinterpreted the will, leading to an incorrect inclusion of the children of predeceased nieces and nephews as beneficiaries.

The court found that the trial court erred when it construed the will to include Maria, Malissa and Misty as remainder beneficiaries.

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