Monday, January 19, 2009

Contesting Designation of Will

The beneficiaries of a trust set up by Dr. Frances Cline are contesting the designation in her will that 23.4 percent of her estate be distributed to the International Association for Clear Thinking (I’ACT) if that association is “in existence” at the time of her death.

According to court papers, Cline’s beneficiaries, Joanne Durchslag, Cili Durchslag, Cindi Durchslag and Jill Bertoldo argued the trust is ambiguous because the term “in existence” can be interpreted in more than one way.

The beneficiaries claimed the term “in existence” actually means a “vibrant and active” existence and the I’ACT was “little more than a shell of its former self with no substantial, material or regular activities” when Cline died in November 2004.

In June 2008, Oneida County Circuit Judge Mark Mangerson ruled I’ACT should get its portion of the estate as Cline directed. According to court records, Mangerson deemed the association to be existence because it remains incorporated, maintains a library, receives orders for information and has assets of $150,000 to $200,000.

The other beneficiaries appealed Mangerson’s ruling to the third circuit court of appeals in Wausau which ruled in favor of the I’ACT.

The court of appeals ruled the term “in existence” means “just that.”

Full Article and Source:
Dr. Cline’s legacy to be resolved in probate court

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