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In the Matter of B. Rosen Irrevocable Trust

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1998
249 A.D.2d 469 (N.Y. App. Div. 1998)

Opinion

April 20, 1998

Appeal from the Surrogate's Court, Nassau County (Radigan, S.)


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

An ambiguous devise of the property in a will or a trust may be interpreted or construed by a court, but a missing devise cannot be inserted ( see, Dreyer v. Reisman, 202 N.Y. 476; see also, Matter of Durkin, 165 Misc. 366). Since the grantor had no obligation to fund the trust, and the trust instrument failed to set forth the property intended to be included in the trust res, the Surrogate's Court correctly granted partial summary judgment to the petitioner.

Ritter, J.P., Sullivan, Krausman and Luciano, JJ., concur.


Summaries of

In the Matter of B. Rosen Irrevocable Trust

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1998
249 A.D.2d 469 (N.Y. App. Div. 1998)
Case details for

In the Matter of B. Rosen Irrevocable Trust

Case Details

Full title:In the Matter of BETTIE ROSEN IRREVOCABLE TRUST. BETTIE R. ROSEN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 20, 1998

Citations

249 A.D.2d 469 (N.Y. App. Div. 1998)
671 N.Y.S.2d 306