Farrell v. Farrell
Appellant Donald Farrell (Donald)[1] seeks to reverse an order of the probate court entered on a verified petition filed by his deceased brothers widow, Lois Farrell (Lois). The petition sought judicial construction of a trust instrument executed by Loiss mother-in-law, Edith Farrell (Edith), during her lifetime, Donalds removal as trustee, and an accounting from Donald for the period of time he administered the trust.
The challenged ruling by the probate court found that Lois had standing to bring the petition because Manuel Farrell (Manuel), Loiss deceased husband, was a trust beneficiary in that he outlived Edith, as required by the terms of the trust. In so ruling, the probate court rejected Donalds argument that the 60 day survivorship requirement in Ediths pour-over will supplemented and was incorporated into the survivorship clause in Ediths trust. The court did not rule on whether Donald should be removed as trustee, but ordered Donald to provide a complete accounting.
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