In Re Estate Of Brown

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

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Nature of the Case

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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.