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Matter of French-Am. Aid for File Children, Inc. (Klebe)
Citations: 2017 NY Slip Op 5324; 151 A.D.3d 662; 54 N.Y.S.3d 850Docket: 4394 2312/15
Court: Appellate Division of the Supreme Court of the State of New York; June 29, 2017; New York; State Appellate Court
Original Court Document: View Document
The Appellate Division, First Department, affirmed a decree from the Surrogate's Court regarding the revocation of a trust by French-American Aid for Children, Inc., with Joerg Klebe as the objectant. The court upheld the validity of the trust's revocation, rejecting Klebe's argument that the revocation process was improper for using Estates, Powers and Trusts Law (EPTL) 7-1.9(a) instead of EPTL 8-1.1(c)(2). Historical case law indicated that prior to 1985, charitable trusts could utilize the predecessor of EPTL 7-1.9(a). After the 1985 amendment adding subsection (c), which allowed termination of charitable trusts under EPTL 8-1.1(c)(2), the court found no legislative intent to restrict charitable trusts solely to that provision. Additionally, post-amendment case law supports the notion that charitable trusts may still operate under EPTL 7-1.9(a). The decision confirms that the revocation was legally sound and valid.