Surrogate Rita Mella
Executor Christie, decedent O’Reilly’s niece, petitioned to settle her accounts. O’Reilly’s other niece, Calcagno, filed objections to Christie’s account. The Attorney General (A.G.) appeared as representative of the charitable beneficiary, St. Luke’s Episcopal Church, the devisee of certain real property under a trust agreement. A trust instrument provided devises to O’Reilly’s brother, nieces, and several other individuals, leaving ownership interest in O’Reilly’s residence to the church. The trust listed the residence as 435 W. 141st St., yet the court noted such address was that of the church, rather than the real property O’Reilly intended to devise. Christie and Calcagno entered into a stipulation that all devises would proceed pursuant to the trust and the church would receive its $500 cash bequest, but not the real property. The A.G. objected and sought reformation of the trust agreement to reflect the real property’s correct address. The court concluded the address listed in the trust for the real property was the result of a scrivener’s error, granting the A.G.’s request to reform such provision to reflect the correct address as 453 W. 141st St. Thus, Christie was directed to execute a deed transferring O’Reilly’s ownership interest in the property to the church.
