Frank v. Blum
The probate court was asked to find that the sale of a beneficiarys interest in a testamentary trust violated a trust provision against voluntary alienation. The court was also asked to find that the sale violated a no contest clause in the decedents will.
The probate court found that the sale did not violate the anti alienation provision and denied the petition. It also rejected the attempted application of the no contest clause.
Applying a de novo standard of review, Court disagree with the probate court and agree with plaintiffs that the sale violated the anti-alienation provision of the trust. However, Court agree with defendant that the no contest clause of the will is inapplicable because it was not incorporated into the decree of final distribution.
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