Bongaards v. Millen

(concurring in part and dissenting in part, with whom Spina, J., joins). I agree with the court’s conclusion that the plaintiff cannot recover in this case on the theories argued. I favor adopting, however, the principles expressed in § 9.1(c) of the Restatement (Third) of Property: Wills and Other Donative Transfers (2003), to govern assets held by a decedent in a trust with terms like this trust, which permit the decedent to control the trust assets entirely for his or her sole benefit, whether those assets were placed in the trust by the deceased spouse or by a third person.1 I would do so…