Vogt v. Witmeyer

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff had been designated as a one-fifth remainder beneficiary in an August 1986 amendment to a revocable trust created by the settlor six years earlier. Unbeknownst to plaintiff, the settlor executed a fourth amendment in December 1988, removing plaintiff as beneficiary, which remained in effect at the settlor’s death three years later. Plaintiff brought this action against the settlor’s trustee, her attorneys and one of the remainder beneficiaries for allegedly depriving her of her…