Trusts – Joseph William Singer

Promise to make a gift at death enforceable if relied on by continued cohabitation

September 8, 2024 / Estates and Future Interests, Marital Property, Trusts, Wills and Inheritance

The New Hampshire Supreme Court has held that a promise to give a gift at death if she continued to live with him until his death is enforceable even though it does not satisfy the state statute of wills if the promisor receives consideration for the promise, and continued cohabitation after the promise suffices. Tremblay v. Bald, 2024 WL 332101 (N.H. 2024). The contract was enforceable even though the decedent died intestate and could have, but did not, convert the written promise into a formal will.

First Circuit resolves dispute over religious real and personal property by reference to formal agreements

August 5, 2017 / Personal Property, Religious Freedom, Title Issues, Trusts

The First Circuit Court of Appeals has resolved a longstanding and complicated dispute between two congregations over control of the real and personal property of the Touro Synagogue in Newport, Rhode Island. In an opinion by Judge John J. McConnell, Jr., the trial court had found that an implied or constructive trust existed by which a New York Congregation Shearith Israel (CSI) held title to the property for the benefit of the Newport Rhode Island Congregation Jeshuat Israel (CJI). Congregation Jeshuat Israel v. Congregation Shearith Israel, 186 F.Supp.3d 158 (D.R.I. 2016), rev’d, 2017 WL 3276805 (1st Cir. 2017). That opinion enforced Rhode Island property law and reviewed objective evidence of the parties’ relationship to find that the New York congregation held the property for the benefit of the Newport congregation. In an opinion by Justice Souter, the First Circuit reversed on the ground that the First Amendment requires courts to refrain from involvement in …

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Will provision disinheriting grandchildren who married non-Jews held not to violate public policy

October 8, 2009 / Antidiscrimination Law, Marital Property, Trusts, Wills and Inheritance

On September 24, 2009, the Illinois Supreme Court upheld the provisions of a will disinheriting the decedent’s grandchildren for marrying non-Jews. In re Estate of Max Feinberg, 2009 WL 3063395 (Ill. 2009).