Legal Opinion
In re the Construction of Agreements among Martin B.
New York Surrogate's Court
Decided July 30, 2007PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Renee R. Roth, S.
*199This uncontested application for advice and direction in connection with seven trust agreements executed on December 31, 1969 by Martin B. (the grantor) illustrates one of the new challenges that the law of trusts must address as a result of advances in biotechnology. Specifically, the novel question posed is whether, for these instruments, the terms “issue” and “descendants” include children conceived by means of in vitro fertilization with the cryopreserved semen of the grantor’s son who had died several years prior to such conception.
The relevant facts…
2Cases cited6 opinions
- In re the Accounting of United States Trust Co.New York Court of Appeals · 1957
- In re Will of LarkinNew York Court of Appeals · 1961
- Gillett-Netting v. BarnhartCourt of Appeals for the Ninth Circuit · 2004
- In re the Estate of ParkNew York Court of Appeals · 1965
- In re the Adoption of AnonymousNew York Surrogate's Court · 1973
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Abreu v. ColvinDistrict Court, S.D. New York · 2015
- Finley v. AstrueDistrict Court, E.D. Arkansas · 2009