In the Matter of the Accounting of United States Trust Company of New York, as Trustee under the Will of Alessandro…

Summary

The Court held that the remainder of the Edith Fabbri trust passes to the issue of Teresa Clark in equal shares, interpreting the will's language in light of the testator's overall scheme and the presumption against intestacy. Justice Desmond dissented, arguing that the will’s language required intestate distribution because the testator never designated any beneficiaries.