Wasserman v. Cohen
Massachusetts Supreme Judicial Court
606 N.E.2d 901 (1993)
Relevant factsFree
Drapkin's trust directed the trustee Cohen (defendant) to distribute a specific property to Wasserman (plaintiff) upon Drapkin's death, but Drapkin sold that property years before she died; Wasserman petitioned the probate court to look past ademption and honor Drapkin's underlying intent to benefit her, but the court applied ademption and denied the petition, finding the gift extinguished since the property no longer existed in the trust at death.
IssueFree
Whether the doctrine of ademption, traditionally applied to wills, also applies to trusts.