Connell v. Houser

George C. Houser established the George C. Houser Trust, which established two trusts for the benefit of Mary R. Houser during her lifetime and gave her a power of appointment over one of the trusts (the marital trust). Upon Mary’s death in 1993, the principal remaining in the George C. Houser Trust was divided into two share trusts, one for each of the Housers’ sons. After George’s death in 1983, Mary established the Mary R. Houser Trust - 1991 and exercised her power of appointment over the marital trust property by appointing it to the trustees of the Mary Houser Trust. The trustees filed a complaint seeking reformation the trust established under Article Fourth of the Mary R. Houser Trust - 1991 to correct a drafting error that they contended frustrated the intent of Mary and George to provide for their descendants in an efficient and tax-advantageous manner. The Supreme Judicial Court ordered that the family trust be reformed by correcting the mistake in drafting, which inadvertently frustrated Mary’s estate planning objectives. View "Connell v. Houser" on Justia Law