Kirschbaum v. Wennett

The principal question before us is whether a Superior Court judge correctly allowed summary judgment against the plaintiff, Nancy Kirschbaum, when she ruled that the settlor had effectively amended his revocable trust — which granted the settlor the power to modify its terms at any time during his lifetime “by a written instrument. . . deposited with the Trustees” — so as to eliminate Kirschbaum as a beneficiary. Kirschbaum contends that the settlor failed to comply with the trust terms when, in his lawyer’s office and in the presence of the two trustees, he executed the amendment but did…