MATTER OF BETTIE ROSEN IRREVOCABLE TRUST


249 A.D.2d 469 (1998)

671 N.Y.S.2d 306

In the Matter of Bettie Rosen Irrevocable Trust. Bettie R. Rosen, Respondent; Sharon Rogoff, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 20, 1998


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

An ambiguous devise of the property in a will or a trust may be interpreted or construed by a court, but a missing devise cannot be inserted (see, Dreyer v Reisman, 202 N.Y. 476; see also, Matter of Durkin, 165 Misc. 366). Since the grantor had no obligation to fund the trust, and the trust instrument failed to set forth the property intended to...

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