Nature of the Case
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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.
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