Grandchildren Born After Son’s Death Covered by Father’s Trust

Settlor created a trust for his “issue” and “descendants” in 1969.  Three years after Settlor’s son died, the son’s widow gave birth to a child and after another two years elapsed, she again gave birth to a child.  Both children were the result of the widow’s insemination with cryoproserved semen.

In Matter of Martin B., a New York court ruled that these two grandchildren were entitled to share in trust distributions as his descendants.  The court examined the evidence and found that the trusts reflected Settlor’s intent “to include all of the grantor’s bloodline among his issue.”

See Mark Fass, Sons Conceived In Vitro Ruled Covered by Trusts, NY L.J., Aug. 1, 2007.

Special thanks to Dave L. Cornfeld for bringing this case to my attention.