In re the Estate of Stewart

OPINION OF THE COURT

Lee L. Holzman, J.

In this proceeding, the administratrix of decedent’s estate, his surviving spouse, seeks a determination that 75% of the proceeds from a group life insurance policy on the life of decedent should be paid to decedent’s estate. Petitioner contends that the designation of beneficiaries as to this percentage of the proceeds is too ambiguous to ascertain decedent’s intent and that decedent’s attempt to create a trust for the benefit of his then three minor children must fail under EPTL 13-3.3 (a) (1) because of the absence of a "trust agreement or declaration…