Groden v. Kelley

The plaintiffs, trustees of a revocable trust created by the decedent, Vincent J. Kelley, M.D., commenced this action in the Probate Court seeking instructions interpreting a provision in the trust. The disputed provision requires that if any of the beneficiaries (the donor’s children) is indebted to the donor at the time of distribution of the trust principal, such indebtedness must be deducted from that child’s distributive share. 3 A son, Kevin, had borrowed $25,000 from the donor, of which $20,000 was unpaid at the time of the father’s death. The trustees seek a determination whether this…