Makoff v. Makoff

ELLETT, Justice:

This is an appeal from an adverse ruling of the trial court in granting a summary judgment in favor of the defendants and denying one to the plaintiffs. There is no disputed issue of fact, and since there is merely an issue of law, we need not accord any favored position to the trial court.

On December 10, 1956, one Samuel E, Makoff, Sr., now deceased, created an inter vivos trust by and between himself and his two sons as trustees for the benefit of “the then living issue of each of the following named sons of the Settlor, .” to wit: Richard P. Makoff and Samuel E. Makoff, Jr.…