In re Estate of Crist

863 A.2d 255, 2004 WL 2860301, 2004 Del. Ch. LEXIS 184
CourtCourt of Chancery of Delaware
DecidedDecember 9, 2004
DocketC.A. No. 368-N
StatusPublished
Cited by5 cases

This text of 863 A.2d 255 (In re Estate of Crist) is published on Counsel Stack Legal Research, covering Court of Chancery of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Estate of Crist, 863 A.2d 255, 2004 WL 2860301, 2004 Del. Ch. LEXIS 184 (Del. Ct. App. 2004).

Opinion

OPINION

LAMB, Vice Chancellor.

I.

In 2001, a woman who had no issue died testate and was survived by her husband. The woman’s trust provided, upon her death, for a marital gift to her husband and for the transfer of her residuary estate to a residuary trust. The beneficiaries of the residuary trust are her nieces and nephews. The trustee brings this action seeking instructions in response to a complaint by the husband that the trustee has improperly computed the marital gift.

The marital gift is essentially calculated in accordance with the spousal elective share provisions of Delaware law. Applying the express terms of the trust agreement and applicable statutes incorporated therein, the trustee calculated the marital [256]*256gift by multiplying by one-third an amount first computed by reducing the amount of the gross estate for federal estate tax purposes by the amount of the estate’s administrative and funeral expenses.

The husband does not dispute the trustee’s reading of the trust provision dealing specifically with the marital gift. He, nonetheless, contends that a separate provision of the trust should be construed to require an adjustment to that calculation. In particular, he argues that the marital gift should be increased by an amount equal to one-third of those same administrative and funeral expenses used, albeit indirectly, in calculating the marital gift, since the trust separately requires that those expenses actually be paid out of the residuary trust. For the following reasons, the court concludes that the trustee has properly calculated the amount of the marital gift and issues instructions to that effect.

II.

A. The Trust

The petitioner is PNC Bank, Delaware, as trustee (“Trustee”) of a trust (“Trust”) created by agreement with Kip Kelso Crist, dated June 28, 1973, as later amended and restated (“Trust Agreement”).1 Mrs. Crist died without issue but was survived by her husband, Leland Crist.

Pursuant to the terms of the Trust Agreement, the Trustee was to administer the Trust for the benefit of Mrs. Crist during her lifetime. Upon her death, the Trust Agreement provides for an extensive list of pecuniary gifts, including a marital gift for Mr. Crist (“Marital Gift”). The Trust Agreement then provides that the Trustee is to hold and administer the remainder of the Trust funds upon terms described therein (“Residuary Trust”).

Section 11(B)(8)(a) of the Trust Agreement defines the Marital Gift. In pertinent, part, it reads as follows:

If Trustor’s husband survives Trustor, Trustee shall set aside an amount equal to one third of the elective estate of Trustor, as defined in Section 902 of Title 12 of the Delaware Code, less the amount of all transfers to Trustor’s husband determined in accordance with Section 903 of Title 12 of the Delaware Code. The property so set aside shall be called the “Marital Gift.”

Thus, the computation of the Marital Gift is the same as the computation of a surviving spouse’s elective share under Delaware’s Elective Share statute, 12 Del. C. § 901 et. seq.2

Mrs. Crist died on November 28, 2001 and left behind substantial assets in the Trust. On April 6, 2004, the Trustee filed in this court a Petition and Proposed Order of Distribution, seeking guidance as to whether it had properly calculated the Marital Gift. Mr. Crist filed an Objection to the Petition on May 4, 2004, claiming that the Marital Gift was incorrectly calculated.3

[257]*257B. The Dispute

The gross estate for federal estate tax purposes at the time of Mrs. Crist’s death was $26,490,078.76. In accordance with the provisions of 12 Del. C. § 902(a), the Trustee used this figure as the starting point for its computation of the Marital Gift. The Trustee then added to the gross estate figure “an amount equal to one-half of the jointly held property excluded from Parts I and II of Schedule E of the estate tax return ($734,313.33).”4 Next the Trustee deducted administrative and funeral expenses (“Expenses”) of $551,772. These steps were taken in conformity with 12 Del. C. §§ 902(a) and 903. The resulting elective estate is $26,672,639.83. Finally, in accordance with the terms of the trust agreement, the Trustee calculated the Marital Gift by taking one-third of the elective estate, or $8,890,879.94. The Trustee contends that this amount is the correct distribution figure for the Marital Gift based on the Trust Agreement.

Mr. Crist concedes that the Trustee’s calculation conforms with Section 11(B)(8)(a) of the Trust Agreement and the Elective Share statute. Nevertheless, he argues that language found in Section IV of the Trust Agreement requires the Trustee to take a further step and credit the Marital Gift in an amount equal to one-third of the Expenses. The language in question is part of a paragraph entitled “Funding Trustor’s Funeral Expenses, Debts, Costs of Administration, and Taxes” and provides, in relevant part, as follows:

Notwithstanding anything previously contained in this Agreement to the contrary, Trustee is directed to pay over from the portion of the Residuary Trust that does not qualify for the marital deduction to the executor or administrator of Trustor’s estate such amount as such executor or administrator states in writing is necessary or desirable to provide funds with which to pay Trustor’s funeral expenses and debts, the costs of administration of Trustor’s estate, and all transfer taxes that my be imposed by any domestic or foreign taxing authority and that are attributable to any property taxable as a result of Trustor’s death, whether or not payable by Trustor’s estate or any recipient of such property, and whether or not such property is held in the trust fund.

Mr. Crist contends that the language of Section IV is in conflict with and, therefore, “trumps” Section 11(B)(8)(a) of the Trust Agreement because, the argument goes, Section IV expressly directs the Trustee to pay from the Residuary Trust the very Expenses that were deducted from Mrs. Crist’s gross estate in calculating the Marital Gift. In other words, his argument is that because the gross estate was reduced by the full amount of the Expenses in calculating the Marital Gift (in accordance with the Elective Share statute) the Marital Gift, in effect, “paid” a third of the Expenses. Arguing that the specific language of Section IV must supersede the more general language of Section 11(B)(8) and requires that the Expenses be “paid” out of the Residuary Trust, Mr. Crist seeks to have the Marital Gift “reimbursed” in the amount of one third of the Expenses ($183,917.33).5

III.

In this action, the court is called upon to construe the Trust Agreement [258]*258and, in particular, to determine whether there is a conflict between Section 11(B)(8) and Section IV thereof. “[T]he seminal rule of construction in trust cases [is] that the settlor’s intent controls the interpretation of the instrument.”6

Free access — add to your briefcase to read the full text and ask questions with AI

Related

L. Londell McMillan v. Sharon Nelson
Court of Chancery of Delaware, 2024
Cipla Ltd v. Amgen Inc
Third Circuit, 2019
EMSI Acquisition, Inc. v. Contrarian Funds, LLC
Court of Chancery of Delaware, 2017

Cite This Page — Counsel Stack

Bluebook (online)
863 A.2d 255, 2004 WL 2860301, 2004 Del. Ch. LEXIS 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-crist-delch-2004.