In the Matter of the Estate of Jablonski

Summary

The court held that the testamentary pet trust terminated when the decedent's only named pet predeceased her, causing the provisions benefiting the pet to lapse. It further held that whether the charitable remainder should nevertheless take effect depends on the decedent's intent and presents a genuine factual dispute requiring extrinsic evidence, so summary judgment was improper. The court vacated the decree and order and remanded for further proceedings.