Estate Of Mannera

785 N.Y.S.2d 274 (N.Y. Surr. Ct. 2004)

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Nature of the Case

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Facts

Administrator c.t.a. (P) of the will of Lydia Mannara, asked the Court to construe the sole dispositive provision of the will and find a valid trust. The will read: I, Lydia Mannara, hereby give my power of attorney to my friend, Christodoulas Pelaghias, I empower him to make decisions concerning my health, life support, and any medical arrangements. I hereby appoint him Executor of my last will and testament. I hereby bequeath all of my assets to my two nephews in trust for their education. She executed the will while in extremis. A friend who visited the day before her death handwrote the will. The friend was an attorney but from the affidavits of attesting witnesses, merely served as an amanuensis for the testator who was a layperson. P who is the father of her infant nephews, contends the will creates two residuary trusts one for the benefit of each nephew with the trustees P and Hormoz Lashkari, each of whom may designate his own successor trustee, that the trustees may make discretionary payments for the benefit of the beneficiary's education, and that each trust shall terminate when the beneficiary attains the age of twenty-two, with the remainder payable to the beneficiary. P has also provided for the disposition of property in the event a beneficiary dies before attaining the age of twenty-two. The guardian ad litem contends that the will creates a “passive” or invalid trust and that the residuary bequest therefore vests directly in her wards.