Robert L. Connary v. Richard A. Shea

Summary

The court affirmed summary judgment for the Shea brothers on the Connary heirs’ trust-reformation claim. It held that reformation requires proof that both settlors were mistaken about the trust’s terms when it was created, and that evidence concerning a later stock redemption did not create a genuine dispute on that issue. The court declined to decide whether otherwise admissible extrinsic statements of testamentary intent remain excluded under the prior common-law rule.