Surrogate Rita Mella
Co-trustee’s of the testamentary trust sought to substantially reform the trust’s terms. They sought to permit the trustees limited power to invade trust principal where there was none now, and reduce the age current beneficiaries were permitted to receive distribution of their trust shares, thereby accelerating the trust’s termination. The court noted the trust was established for the benefit of certain of decedent’s grandnephews and grandnieces, with a share to be given each after they reached 25 years of age. Petitioners relied on Matter of Kern for the proposition that agreements among interested parties could serve as a basis for a court’s reformation of the terms of a testamentary trust. The court disagreed finding Kern did not stand for such proposition as the Kern court never gave its blessing to an agreement that went against the interest of the testator. As such, this court also declined to do so, noting it need not resort to principles of interpretation when the testator’s intentions were clearly expressed in the will. Thus, as petitioners failed to provide any basis in law or judicial precedent for the court’s authority to broadly disregard the clear terms of the will and approve the requested reformation, it denied same.
