Benjamin v. Corasaniti
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The Supreme Court affirmed the decision of the trial court affirming the judgment of the probate court that Peter Ziegler's Yellow Submarine Trust was a permissible appointee, holding that an unfunded charitable trust is a permissible appointee of the exercise of a nongeneral testamentary power of appointment.
In 2015, Peter, a member of a wealthy Connecticut family, suffered an accident rendering him a quadriplegic. One year later, Peter executed a trust instrument to create his Yellow Submarine Trust, which was not funded during Peter's lifetime. Peter, who had nongeneral testamentary powers of appointment under various family trusts, did exercise his powers of appointment in his will to direct the proceeds of the sale of stock in his family's corporation to his Yellow Submarine Trust. Peter's sister argued that the trust was an impermissible appointee because it was unfunded during Peter's lifetime. The probate court disagreed, and the trial court affirmed. The Supreme Court affirmed, holding that Peter's Yellow Submarine Trust was a permissible appointee even though it was not funded prior to Peter's death.
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