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In re Will of Bruce, 161 A.D.3d 712, 79 N.Y.S.3d 10, 2018 N.Y. Slip Op. 03921

Facts

The executor of the testator's estate filed a petition to clarify the testator's will regarding the appointment of trust remainders to a charitable foundation. The Surrogate's Court ruled in favor of the executor, stating that the testator had effectively exercised her powers of appointment under her will. The objectors contested this ruling, leading to an appeal after the court granted summary judgment to the executor and denied the objectors' motion.

Executor of testator's estate filed petition seeking determination, through construction or reformation of testator's will, that testator validly appointed remainders of trusts created by her mother to charitable foundation.

Issue

Did the testator validly appoint the remainders of trusts created by her mother to the charitable foundation as intended?

Did the testator validly appoint the remainders of trusts created by her mother to the charitable foundation as intended?

Rule

A testator's intent is to be gleaned from 'a sympathetic reading of the will as an entirety and in view of all the facts and circumstances under which the provisions of the will were framed.' If a dominant plan of distribution is evident, the various provisions must be interpreted in light of that purpose.

A testator's intent is to be gleaned from 'a sympathetic reading of the will as an entirety and in view of all the facts and circumstances under which the provisions of the will were framed.'

Analysis

The court applied the rule by interpreting the will as a whole, focusing on the testator's clear intent to benefit the charitable foundation. Despite the literal reading of the will suggesting an ineffective bequest, the court found that the testator's intention was to ensure the appointive property was directed to the foundation. The court emphasized that it made no sense for the testator to create an ineffective disposition and noted her explicit intentions in the will.

However, the court properly gave effect to decedent's clear intent to provide the appointive property to a charitable foundation.

Conclusion

The appellate court affirmed the Surrogate's Court's decision, holding that the testator's clear intent warranted the delivery of trust property to the charitable foundation.

Affirmed.

Who won?

The executor of the testator's estate prevailed because the court found that the testator's intent was clear and that the bequest to the charitable foundation was valid.

The Supreme Court, Appellate Division, held that clear intent of testator warranted delivery of trust property to charitable foundation.

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