Zilles v. American Legion

OPINION

SWANN, Judge.

¶ 1 This appeal presents the question whether a lapsed gift of residuary trust assets passes to the trustors’ heirs according to the law of intestacy or to the other residual beneficiaries identified in the trust. For the reasons discussed below, we hold that such a gift passes to the remaining residual beneficiaries and reverse the order of the trial court.

FACTUAL BACKGROUND

¶2 On December 26, 1997, Frederick A. Zilles and his wife Annabel Zilles (collectively, the “Trustors”) executed the Frederick A. Zilles and Annabel Zilles Revocable Living Trust (the “Trust”). The…