SULLIVAN V. BURKIN
390 Mass. 864, 460 N.E. 2d 571 (1984)
NATURE OF THE CASE: This was a petition to include assets from an inter vivos trust in a
decedent's estate for purposes of determining the spouse's elective share. Appealed.
FACTS: Decedent and his wife (P) had been separated for many years prior to his death. In
his will, decedent deliberately did not provide for P. In addition, decedent executed a deed
of trust with respect to real estate, in which he transferred the property to himself as
sole trustee. Under the terms of the trust, decedent could reach the trust assets upon
written request. Upon his death, the successor trustee was to pay the principal and interest
of the trust to George Cronin and Harold Cronin (D). His will provided that the residue of
his estate was to be conveyed to the trust. Upon decedent's death, P filed for her elective
share of the estate, and sought a determination that the trust assets were to be considered
part of the estate. The lower court dismissed the complaint, and P appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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