Estate of Eliot W. Mitchell, Jr.

Successful determination of 1929 Will and subsequent 1931 Trust agreement for the spouse of the decedent’s son, who died and was an income beneficiary under his father’s trust, to inherit one-third of the principal trust assets over the objection of the income beneficiary’s children.

The court held that since the decedent did not exercise a power appointment over the trust principal, the trust principal vested in the intestate distributees of the deceased income beneficiary which included said beneficiary’s children and his spouse pursuant to laws in effect in 1929 and 1931. A careful review of the particular language in a prenuptial agreement between the late income beneficiary and his spouse was predicated upon legal arguments being made on behalf of the spouse upon the grounds that an indefeasible vested interest in the trust principal in said beneficiary’s distributees, which included his spouse, at the time of his death was not waived under a prenuptial agreement by the spouse.

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