In re Estate of Brown

Andrew Brown's trust directed that assets first fund his nephew Woolson's children's education, then pay Woolson and his wife Rosemary (plaintiffs) income and as much principal as the trustee (defendant) deemed necessary to maintain their accustomed lifestyle for the rest of their lives, with the trust terminating and passing to their children (the remaindermen) only after both Woolson and Rosemary died. After the children's educations were complete and the trustee began distributing income and principal to Woolson and Rosemary per the trust's terms, Woolson and Rosemary (with the remaindermen's consent) petitioned to terminate the trust entirely, arguing full distribution was necessary to accomplish the only remaining purpose of supporting their lifestyle; the probate court denied termination, the Superior Court reversed based on the completed educational purpose, and the trustee appealed.