Morton v. Potts

The plaintiffs, Anne Morton and James E. Lindsay, appeal from summary judgment entered in the Superior Court dismissing their complaint against the defendants, J. Brian Potts, Kathleen M. McCarthy, and Fiduciary Trust Company (Fiduciary Trust), who are trustees of a charitable trust established in 1989 by the plaintiffs’ sister, Margaret S. Lindsay (Lindsay). The complaint sought a declaration that the trust was void and unenforceable because Lindsay had failed prior to her death to *56designate the charitable beneficiaries of the trust. We affirm the judgment.

Background. We recite the facts of…