IN RE ESTATE OF BROWN 148 Vt. 94, 528 A.2d 752 (1987) CASE BRIEF

IN RE ESTATE OF BROWN

148 Vt. 94, 528 A.2d 752 (1987)

NATURE OF THE CASE: This was a petition to terminate a trust. Appellant trustee (D) sought review of the order, which granted the beneficiaries' (Ps) petition to terminate the trust and distribute the trust proceeds to the life tenants.

FACTS: Settlor established a trust to pay for the education of his nephew's children. Upon completion of the children's education, the income from the trust was to be used for the support of the nephew and his wife (P) for life. Upon their death, the trust assets were to be distributed to the nephew's children. After the children's education had been completed, the trustee (D) began paying the income to P. P petitioned for termination of the trust with the consent of the children as remainder beneficiaries. P argued that the sole remaining purpose of the trust was to provide for P's support, and that distribution of all the remaining assets was necessary to accomplish this purpose. The probate court denied the petition. On appeal, the superior court reversed. D appeals.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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